U.S. Sen. Orrin Hatch (R-UT) on Feb. 6 introduced the bipartisan Clarifying Lawful Overseas Use of Data (CLOUD) Act, legislation to make it easier for U.S. law enforcement to obtain data stored across international borders. U.S. Rep. Doug Collins (R-GA) on the same day introduced a companion bill in the U.S. House of Representatives, H.R. 4943.
“The CLOUD Act is landmark legislation that addresses an increasingly pressing problem,” said Sen. Hatch, a member of the Senate Judiciary Committee, which has jurisdiction over the bill, S. 2383.
The CLOUD Act has been designed to encourage governments worldwide to create clearly structured frameworks for technology companies to abide by when U.S. law enforcement conducts investigations and requires access to stored data. The bill also would incentivize countries to remove conflicting communications laws and improve privacy standards, according to a summary from Sen. Hatch’s office.
“We need a common sense framework to help law enforcement obtain critical information to solve crimes while at the same time enabling email and cloud computing providers to comply with countries’ differing privacy regimes,” Hatch said. “The CLOUD Act creates such a framework and will also help set a precedent for our allies as they deal with this problem, too.”
If enacted, the legislation would enable the United States to undertake international agreements to develop specific standards for cross-border digital evidence requests, including standards for data privacy and security, according to a summary provided by the lawmakers. Another provision, among several, clarifies that U.S. warrants served for data from communications service providers extends to data stored throughout the world.
“The digital age demands our vigilance in protecting the privacy and the safety of American citizens,” said Rep. Collins, who chairs the Rules Subcommittee on Rules and Organization of the House and is vice chair of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet. “It’s encouraging to see both bodies of Congress and both sides of the aisle join the Justice Department and tech community in supporting a wise, balanced approach to information storage in the 21st century.”
U.S. Reps. Darrell Issa (R-CA) and Tom Marino (R-PA) signed on as original cosponsors to H.R. 4943. The representatives spoke to the need for the measure amid a tangle of different data platforms, providers and international statutes.
“Today, the growth of cloud computing, online storage, and other services are increasingly taking American data to servers and other facilities all across the world,” said Rep. Issa, the chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet.
“This bill updates digital privacy rights to strike an important balance that safeguards consumer privacy and establishes a clear framework to ensure requests for information comply with the law.”
Rep. Marino added that the bill represents a compromise between industry stakeholders, the U.S. Department of Justice and consumer groups, and “will resolve the uncertainty surrounding law enforcement access to data stored abroad, ensuring they can have timely access while protecting the privacy of consumers.” Marino is chairman of the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law and is also a member of the Courts, Intellectual Property, and the Internet Subcommittee.
Also sponsoring the bipartisan bill in the House were Rep. Hakeem Jeffries (D-NY) and Rep. Suzan DelBene (D-WA). Sen. Chris Coons (D-DE) was among the cosponsors of the Senate bill.
H.R. 4943 has been referred to the House Judiciary Committee and the House Rules Committee. Rep. S. 2383 has been referred to the Senate Judiciary Committee.