1、JUNE 2024Untapping the Full Potential of CLOUD Act Agreements By Matt Perault and Richard SalgadoIn 2018,Congress passed the Clarifying Lawful Overseas Use of Data Act(CLOUD Act),a law that established a process pursuant to which U.S.tech companies are permitted to disclose user data directly to cer

2、tain foreign governments in response to their requests to assist investigations into serious matters and which allows companies in other jurisdictions to do the same in response to U.S.requests.1 The law requires that there be an executive agreement between the United States and the foreign governme

3、nt before doing so,and there are standards the foreign government must meet to qualify for such an agreement.The CLOUD Act is still in its early stages of being implemented.Since the legislation was enacted into law in 2018,two agreements have been concluded:one with the United Kingdom and another w

4、ith Australia.This is certainly progress,but these are relatively easy deals to strike.The really hard work lies ahead,with the European Union in the queue and others in the wings.CLOUD Act agreements remain a vital and promising tool.Deployed with proper calibration,these government-to-government a

5、greements have the potential to play a valuable role for many agencies worldwide in conducting legitimate investigations while protecting human rights,the rule of law,and the global free flow of information.Used effectively and implemented correctly,CLOUD Act agreements provide an important avenue f

6、or law enforcement agencies and have the potential to strengthen other international evidence-collection arrangements.This policy brief is based in part on the authors previous experience working on government surveillance law and policy at Google and Meta.Working with other industry representatives