Trisha Anderson

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U.S. and U.K. Sign CLOUD Act Agreement

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 agreement to be entered under the Clarifying Lawful Overseas Use of Data (CLOUD) Act. It obligates each Party to remove barriers in their domestic laws … Continue Reading

Coercive and Non-Coercive Surveillance Authorities

When the U.S. government conducts electronic surveillance, there are a variety of legal authorities on which it relies.  The Wiretap Act, for example, authorizes the government to conduct live telephone wiretaps in certain criminal investigations; for electronic data, the Act also permits the government to acquire electronic communications in real time.  The Stored Communications Act … Continue Reading

Department of Justice Releases White Paper on CLOUD Act

On Wednesday, the U.S. Department of Justice released a white paper and FAQ on the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which was enacted in March 2018 and creates a new framework for government access to data held by technology companies worldwide.  The paper, titled “Promoting Public Safety, Privacy, and the Rule of … Continue Reading
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