Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
Georgia Republican Rep. Doug Collins is trying to attach a measure that would create a mechanism for U.S. law enforcement to access to data stored in other countries to an omnibus spending bill.
Collins told Bloomberg Environment March 7 that he is trying to attach his entire bill ( H.R. 4943) to a prospective fiscal year 2018 omnibus “as is.”
The issue of where companies store consumer data across borders is before the U.S. Supreme Court in United States v. Microsoft. The high court is weighing whether Microsoft Corp. must turn over to U.S. law enforcement user emails stored in Ireland. The court heard oral argument Feb. 27 and is likely to hand down its ruling in the high-stakes privacy case by the end of June.
Microsoft, Alphabet Inc.’s Google Apple Inc. and Facebook Inc. are backing Collins’ bill, dubbed the Clarifying Lawful Overseas Use of Data (CLOUD) Act. The legislation would allow the U.S. to make agreements with foreign countries dealing with U.S. law enforcement requests.
Sen. Orrin Hatch (R-Utah), the sponsor of a companion Senate measure ( S.2383) “is exploring all avenues to have the CLOUD Act passed and signed into law,” Matt Whitlock, a spokesperson for Hatch, told Bloomberg Law.
Collins’ legislation hasn’t yet been added to the prospective omnibus spending bill, which is still being drafted ahead of a March 23 deadline to avoid another government shutdown, a House Republican aide told Bloomberg Environment. There is widespread congressional support for putting the CLOUD Act in the omnibus, the aide said.
There is an “urgency” in passing the Cloud Act now because of the Supreme Court case, Collins said.
Congressional leaders are close to “allowing the court to determine legislative intent on extra-territorial push. If we allow that to happen, then we could lose from a privacy and private standpoint,” Collins told Bloomberg Environment. “We could lose some of those protections, which the bill actually has in it.”
“We need to get this settled and law enforcement is in complete support of what we’re trying to do,” Collins added.
To contact the editor responsible for this story: Barbara Yuill at firstname.lastname@example.org
Copyright © 2018 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)