Topic
Cross-Border Data Access
12 published works
China Justice Observer
How China Addresses Cross-border Access to Electronic Data in Criminal Matters?
By Publisher
Key takeaways: The guiding case, Jian Li No.67, issued by China’s Supreme People's Procuratorate shows how the procuratorates request the public security organs to access overseas electronic data. The…
Inside Privacy
Australia Passes Cross-Border Data Access Law, Creates a Pathway for CLOUD Act Bilateral Agreement
By Jim Garland
On June 24, 2021, Australian parliament passed legislation establishing a framework for its enforcement agencies to access certain electronic data held by companies outside of Australia for law enforcement and…
Inside Privacy
U.S. and U.K. Sign CLOUD Act Agreement
By Jim Garland, Marty Hansen, Lisa Peets
On October 3, 2019, the United States and United Kingdom signed an agreement on cross-border law enforcement demands for data from service providers (“Agreement”). The Agreement is the first bilateral…
Tech Law Blog
European Council reaches position on proposed e-evidence Directive
On 17 April 2018, the European Commission proposed new rules in the form of a Regulation and an accompanying Directive, which aim to improve law enforcement authorities' cross-border access to e-evidence. The…
Workplace Privacy, Data Management & Security Report
The U.S. Supreme Court Dismisses U.S. v. Microsoft Following Passage of the CLOUD Act
By Joseph J. Lazzarotti, Maya Atrakchi
On April 17th, the U.S. Supreme Court dismissed the highly anticipated U.S. v. Microsoft, ruling that recently enacted legislation rendered the case moot. Microsoft Corp. had been in litigation with…
Global Policy Watch
CLOUD Act Creates New Framework for Cross-Border Data Access
By Jim Garland
On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to…
Inside Privacy
CLOUD Act Creates New Framework for Cross-Border Data Access
By Jim Garland
On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to…
Cleary Cybersecurity and Privacy Watch
Accessing Servers Abroad: The Global Comity and Data Privacy Implications of United States v. Microsoft
By Jonathan I. Blackman, Jared Gerber, Nowell Bamberger, Josh Anderson, Kylie M. Huff
In February 2018, the Supreme Court will hear argument in United States v. Microsoft Corporation on the issue of whether a U.S. email provider must comply with a warrant issued…
Data Privacy + Cybersecurity Insider
Solicitor General Urges Supreme Court Review of Second Circuit Microsoft Decision
By Conor Duffy
On June 23, 2017, the Office of the Solicitor General (OSG) filed a petition for a writ of certiorari with the United States Supreme Court requesting reversal of a 2016…
The Compliance Gap
Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas
A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and…