In their Lawfare article The Cloud Act Is Not a Tool for Theft of Trade Secrets, Swire and Hemmings explain the allegations from the European Union that the Act is a tool for economic espionage, and why those concerns are mistaken.  The article gives three reasons why prosecutors are highly unlikely to use the Cloud Act to steal intellectual property:  (1) the U.S. has long-standing normative and diplomatic interests in preventing the abuse of economic espionage; (2) even under the [...]

Introductory note:  This set of FAQs  responds to questions from non-U.S. countries about the meaning and implications of the CLOUD Act.  Some questions have arisen from the European Union in connection with the CLOUD Act, and this paper seeks to address those questions specifically.   But it is important to note that countries outside of the EU are expected to seek executive agreements under the CLOUD Act as well. [...]

This short article explains the streamlined U.S. legislative procedure that applies for executive agreements under the Cloud Act.  By contrast, other procedures exist, but require considerably more challenging steps for approval by Congress to go into effect. [...]

In her article Unpacking the CLOUD Act, Daskal seeks to demystify the recently enacted Clarifying Lawful Overseas Use of Data (CLOUD) Act, enacted in March 2018 by the U.S. government in an effort to address challenges faced by law enforcement in accessing data located across borders. The article explains the two parts of the act, dealing with: (i) U.S. access to data located outside the United States; and (ii) foreign government access to data held by U.S. companies within the [...]