CLOUD 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.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 6, 2018
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 10
Members who signed on, in the order they did. Signatures ran from Feb 6, 2018 to Mar 22, 2018, with 6 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-CA | Darrell Issa | Original | Feb 6, 2018 |
| D-NY | Hakeem S. Jeffries | Original | Feb 6, 2018 |
| R-FL | John H. Rutherford | Original | Feb 6, 2018 |
| D-WA | Suzan K. DelBene | Original | Feb 6, 2018 |
| R-PA | Tom Marino | Original | Feb 6, 2018 |
| D-FL | Val Butler Demings | Original | Feb 6, 2018 |
| R-NC | George Holding | Mar 1, 2018 | |
| R-TX | Lamar Smith | Mar 5, 2018 | |
| R-GA | Rob Woodall | Mar 20, 2018 | |
| R-MN | Tom Emmer | Mar 22, 2018 |
Actions 2
Everything that happened, newest first.
- Feb 6, 2018Introduced in House
- Feb 6, 2018Referred 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.
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 1625 | Consolidated Appropriations Act, 2018 | Related bill | Mar 23, 2018 |
| S 2383 | CLOUD Act | Identical bill | Feb 6, 2018 |
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Computer security and identity theft
- Computers and information technology
- Congressional oversight
- Crime and Law Enforcement
- Criminal investigation, prosecution, interrogation
- Diplomacy, foreign officials, Americans abroad
- Government information and archives
- Human rights
- Internet and video services
- Internet, web applications, social media
- Legislative rules and procedure
- Right of privacy
Text 1
Each version as it was printed, newest first.
- Feb 6, 2018Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.