Four years have passed since the United States and the European Union set out to design an improved mechanism for transatlantic e-evidence transfers, but minimal progress has been made. While the United States enacted the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), a parallel EU effort to pass a uniform E-Evidence Regulation remains stalled due to disagreements primarily over individual privacy rights. In the absence of EU legislation, transatlantic negotiations have stalled.
In the new Lawfare article Has the Time for an EU-U.S. Agreement on E-Evidence Come and Gone?, Kenneth Propp discusses how unilateral exercises of jurisdiction in Europe and the United States have proliferated in the absence of such a transatlantic agreement, and stresses the need for an end to the EU legislative deadlock in order to avoid a future characterized by increasingly aggressive unilateral foreign data demands.
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