WASHINGTON – U.S. Senators Orrin Hatch (R-Utah) and Chris Coons (D-Del.) continue to work together to address the problems presented in United States v. Microsoft, also known as the Microsoft Ireland case. This is a critically important case concerning law enforcement’s authority to obtain electronic data stored abroad. In January, Senators Hatch and Coons led a group of bipartisan senators and submitted an amicus brief in this case. The brief argues that this is a policy question for Congress, rather than an issue for the courts to decide. This amicus brief can be accessed here.  

Senators Hatch and Coons are also leading co-sponsors of the Clarifying Lawful Overseas Use of Data (CLOUD) Act, alongside U.S. Senators Lindsey Graham (R-S.C.) and Sheldon Whitehouse (D-R.I.), to create a framework for law enforcement cross-border data requests relating to email and cloud computing. The CLOUD Act boasts support from law enforcement and endorsements from a variety of tech providers. The bill can be read here.

“Tuesday’s argument will raise important questions about privacy and cross-border data access that can be adequately resolved only by Congress,” said the legislation’s sponsor, Senator Hatch. “As I explained in the amicus brief I submitted to the court, the issue of when and where law enforcement can compel disclosure of data stored abroad is a policy question for Congress, not the courts. That’s why I recently introduced bipartisan, bicameral legislation with a number of my colleagues to clarify the rules of the road in this area. Our bill, the Clarifying Lawful Overseas Use of Data (CLOUD) Act, would resolve the question currently before the Court in a way that balances consumer, law enforcement, and privacyinterests. This commonsense legislation has the full-throated support of both law enforcement and the tech community and deserves swift enactment.”

“The rapid advancement of technology like cloud-sharing has rightly prompted concerns over data disclosure, as we’re seeing this week in United States v. Microsoft” said Senator Coons. “With decades-old laws still governing data access in 2018, it’s no surprise that law enforcement, businesses, and private citizens are running into serious problems.  We can solve the question before the court and bring our data sharing laws into the 21st Century by passing the CLOUD Act.”

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