WASHINGTON – February 6, 2018 – BSA | The Software Alliance welcomes the introduction of the Clarifying Lawful Overseas Use of Data (CLOUD) Act today in the House and Senate. Data is stored around the world on behalf of subscribers of all nationalities.  US law enforcement has a legitimate need to compel access to this data in certain circumstances with lawful authority.  Unfortunately, the law in the US that governs this access was written before data was stored so ubiquitously around the world.  It needs to be updated both to respond to the legitimate interests of law enforcement agencies and the interests of foreign governments and their citizens. The CLOUD Act offers a pathway to address these concerns by granting a clear statutory right for providers to challenge an order that would create a conflict of law with a foreign government that has an agreement with the US. The bill also allows providers to notify that foreign government if a warrant has been issued for data stored in that country.

BSA organized a multi-association letter  with other industry leaders urging members of the House and Senate Judiciary Committee to support the CLOUD Act. The letter argues the bill will improve cooperation and dialogue among countries and continue to modernize US privacy laws to reflect current realities. Other signees include ACT | The App Association, the Coalition of Services Industries, the Computing Technology Industry Association, the Computer & Communications Industry Association, the Consumer Technology Association, the Internet Association, the Information Technology Industry Council, the National Association of Manufacturers, NetChoice, Reform Government Surveillance, the Software and Information Industry Association, TechNet, the Telecommunications Industry Association, and the US Chamber of Commerce.