LAWFARE – The UK-US E-Evidence Agreement: Practical Impact, Current Threats, and Implications for Europe
After more than two years in effect, the U.K.-U.S. Data Access Agreement (an “e-evidence agreement” enabled by the U.S. Clarifying Lawful Overseas Use of Data (CLOUD) Act) has proved a game-changer for the United Kingdom’s law enforcement agencies, which have made tens of thousands of real-time intercept requests directly to U.S. service providers. U.S. law enforcement agencies have made much more limited use of the agreement, primarily because little of the investigative data they need is held by U.K. providers. The U.S. Department of Justice also has expressed muted disappointment with aspects of U.K. implementation.
This article, by U.S. and U.K. ex-government officials, explores the reasons behind this initial experience.