Cloud Act's Enactment Means More Work Ahead to Ensure It's Effective, Cisco Executive Says

Enactment of the Clarifying Lawful Overseas Use of Data Act (HR-4943/S-2383) and the Supreme Court’s subsequent dismissal of the U.S. v. Microsoft “Ireland Warrant” case (see 1803230038 and 1804170040) mean more work ahead to determine the future of cross-border data rules, blogged Cisco Director-Cybersecurity and Privacy Eric Wenger. The act doesn't grant the U.S. government “sweeping new powers to reach data stored abroad,” as “governments have long claimed such authority,” Wenger said. “There is nothing specific in either the language of the [Cloud] Act or the leading decisions preceding its passage treating U.S. companies differently than companies headquartered abroad." There is “more work needed to ensure” the act and EU’s proposed e-evidence regulation “function effectively for law enforcement while protecting civil liberties,” Wenger said Friday. “To the extent authorities around the world spell out the circumstances under which they will directly compel providers to produce data stored beyond their borders, it is essential that they also address the potential conflicts of law with third countries.”