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To amend title 18, United States Code, to improve law enforcement access to data stored across borders, and for other purposes.

USA115th CongressHR-4943| House 
| Updated: 2/6/2018
Doug Collins

Doug Collins

Republican Representative

Georgia

Cosponsors (10)
Lamar Smith (Republican)Val Butler Demings (Democratic)Suzan K. DelBene (Democratic)Darrell Issa (Republican)Hakeem S. Jeffries (Democratic)John H. Rutherford (Republican)Rob Woodall (Republican)Tom Marino (Republican)Tom Emmer (Republican)George Holding (Republican)

Rules Committee, Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Clarifying Lawful Overseas Use of Data Act or the CLOUD Act This bill amends the federal criminal code to specify that an electronic communication service (ECS) or remote computing service (RCS) provider must comply with existing requirements to preserve, backup, or disclose the contents of an electronic communication or noncontent records or information pertaining to a customer or subscriber, regardless of whether the communication or record is located within or outside the United States. An ECS or RCS provider may challenge a domestic warrant that compels disclosure of the contents of an electronic communication if: the customer or subscriber is not a U.S. citizen or national, lawful permanent resident, corporation, or other unincorporated entity; the customer or subscriber does not reside in the United States; and the required disclosure creates a material risk that the provider violates the laws of a foreign government with which the United States has in effect an executive agreement on data access. In response to an order from a foreign government with which the United States has an executive agreement on data access, an ECS or RCS provider may: intercept or disclose the contents of an electronic communication, and disclose the contents of a stored electronic communication or noncontent records or information pertaining to a subscriber or customer. It establishes a framework to allow the United States to enter into executive agreements with foreign governments to govern data access. To be valid, an executive agreement must meet certain requirements, including that the foreign government affords robust procedural privacy protections and adopts minimization procedures. This bill does not preclude a foreign authority from obtaining assistance in a criminal investigation or prosecution.
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Timeline
Feb 6, 2018

Latest Companion Bill Action

S 115-2383
Introduced in Senate
Feb 6, 2018
Introduced in House
Feb 6, 2018
Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • February 6, 2018

    Latest Companion Bill Action

    S 115-2383
    Introduced in Senate


  • February 6, 2018
    Introduced in House


  • February 6, 2018
    Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Crime and Law Enforcement

Related Bills

  • HR 115-1625: Consolidated Appropriations Act, 2018
  • S 115-2383: A bill to amend title 18, United States Code, to improve law enforcement access to data stored across borders, and for other purposes.
Computers and information technologyComputer security and identity theftCongressional oversightCriminal investigation, prosecution, interrogationDiplomacy, foreign officials, Americans abroadGovernment information and archivesHuman rightsInternet and video servicesInternet, web applications, social mediaLegislative rules and procedureRight of privacy

To amend title 18, United States Code, to improve law enforcement access to data stored across borders, and for other purposes.

USA115th CongressHR-4943| House 
| Updated: 2/6/2018
Clarifying Lawful Overseas Use of Data Act or the CLOUD Act This bill amends the federal criminal code to specify that an electronic communication service (ECS) or remote computing service (RCS) provider must comply with existing requirements to preserve, backup, or disclose the contents of an electronic communication or noncontent records or information pertaining to a customer or subscriber, regardless of whether the communication or record is located within or outside the United States. An ECS or RCS provider may challenge a domestic warrant that compels disclosure of the contents of an electronic communication if: the customer or subscriber is not a U.S. citizen or national, lawful permanent resident, corporation, or other unincorporated entity; the customer or subscriber does not reside in the United States; and the required disclosure creates a material risk that the provider violates the laws of a foreign government with which the United States has in effect an executive agreement on data access. In response to an order from a foreign government with which the United States has an executive agreement on data access, an ECS or RCS provider may: intercept or disclose the contents of an electronic communication, and disclose the contents of a stored electronic communication or noncontent records or information pertaining to a subscriber or customer. It establishes a framework to allow the United States to enter into executive agreements with foreign governments to govern data access. To be valid, an executive agreement must meet certain requirements, including that the foreign government affords robust procedural privacy protections and adopts minimization procedures. This bill does not preclude a foreign authority from obtaining assistance in a criminal investigation or prosecution.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Feb 6, 2018

Latest Companion Bill Action

S 115-2383
Introduced in Senate
Feb 6, 2018
Introduced in House
Feb 6, 2018
Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • February 6, 2018

    Latest Companion Bill Action

    S 115-2383
    Introduced in Senate


  • February 6, 2018
    Introduced in House


  • February 6, 2018
    Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Doug Collins

Doug Collins

Republican Representative

Georgia

Cosponsors (10)
Lamar Smith (Republican)Val Butler Demings (Democratic)Suzan K. DelBene (Democratic)Darrell Issa (Republican)Hakeem S. Jeffries (Democratic)John H. Rutherford (Republican)Rob Woodall (Republican)Tom Marino (Republican)Tom Emmer (Republican)George Holding (Republican)

Rules Committee, Judiciary Committee

Crime and Law Enforcement

Related Bills

  • HR 115-1625: Consolidated Appropriations Act, 2018
  • S 115-2383: A bill to amend title 18, United States Code, to improve law enforcement access to data stored across borders, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Computers and information technologyComputer security and identity theftCongressional oversightCriminal investigation, prosecution, interrogationDiplomacy, foreign officials, Americans abroadGovernment information and archivesHuman rightsInternet and video servicesInternet, web applications, social mediaLegislative rules and procedureRight of privacy