After last year’s passage of the Clarifying Lawful Overseas Use of Data Act (Cloud Act), officials and journalists in the European Union have ramped up criticism of the American desire for extraterritorial access to electronic evidence, with some accusing the United States of being motivated by the desire to conduct economic espionage for the benefit of U.S. economic interests.
Justin D. Hemmings is a Research Faculty Member at the Georgia Institute of Technology Scheller College of Business and a Project Attorney at Alston & Bird, where he engages in legal and policy issues and practice concerning privacy and cybersecurity. He and Peter Swire co-authored the 2017 NYU Annual Survey of American Law article “Mutual Legal Assistance in an Era of Globalized Communications: The Analogy to the Visa Waiver Program,” which proposed an approach that was later codified in Section 5 of the Clarifying Lawful Overseas Use of Data Act.
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The Committee on Foreign Investment in the United States (CFIUS) protects U.S. national security by regulating against attempts by foreign commercial efforts to obtain control in a U.S. trade or business.
Congress this fall will likely face the first executive agreement negotiated under the new Cloud Act. The U.S. and United Kingdom have been negotiating such an agreement since at least 2016.
This post is part of a series written by participants of a conference at Georgia Tech in Surveillance, Privacy, and Data Across Borders: Trans-Atlantic Perspectives.