H.R. 4943 · 115th Congress
CLOUD Act
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Never voted on. It didn't reach a floor vote before the 115th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
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CollinsSponsor10 cosponsors · 3 D, 7 R
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DelBene
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Demings
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Issa
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Jeffries
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Marino
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Rutherford
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Holding
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Smith
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Woodall
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Emmer6 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
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…
What it does: CRS summary · Introduced in House · Feb 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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: CLOUD Act
Also known as: Clarifying Lawful Overseas Use of Data Act
Latest action (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.
Policy area: Crime and Law Enforcement · Origin: House · Introduced: Feb 6, 2018
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.