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Computer Law Commons

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Constitutional Law

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Brooklyn Law School

Clarifying Lawful Overseas Use of Data Act; CLOUD Act; CLOUD Act agreements; data privacy; data protection; technology; cloud; direct access; data sharing; data protection; lawful data use; production orders; overseas production orders; international production orders; stored communications; SCA; overseas data; privacy; digital privacy; digital privacy rights; European Convention on Human Rights; international cooperation; international law; ECHR; law enforcement; international law enforcement; constitutional law; privacy; Fourth Amendment; Article 8; Article 1; criminal investigation; mutual legal assistance; mutual legal assistance treaties; mla; mlat; third country persons; us uk agreements; service provider; Verdugo-Urquidez; Microsoft Ireland; Al-Skeini; extraterritorial; extraterritoriality; territorial; territoriality; cross-border; law enforcement cooperation; comparative law; transnational law

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Full-Text Articles in Computer Law

Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane Dec 2021

Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane

Brooklyn Journal of International Law

The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …