Sen. Ron Wyden, D-Ore., released a discussion draft of his measure on Friday, which seeks to reform the Clarifying Lawful Overseas Use of Data — or CLOUD — Act.
The 2018 law was designed to adapt to the advent of cloud computing technologies, after the FBI said it had issues with legal access requests for information stored in U.S. communications firms’ overseas servers. The CLOUD Act, as is, directs relevant American companies to adhere to warrants for data, even if that data is stored on foreign soil. The law also authorizes the creation of bilateral data-sharing agreements between the U.S. and allies.
The release of the draft bill comes after The Washington Post reported on Feb. 7 that the UK issued a secret order to Apple requesting that the tech giant provide its law enforcement and intelligence personnel with the “blanket capability” to access customers’ encrypted files worldwide, meaning Apple customers residing in the U.S. would be cast into that dragnet.
Wyden, in a statement, argued that the CLOUD Act “failed to require foreign countries to adopt the same due process requirements long guaranteed under U.S. law, enabling foreign governments to demand that U.S. technology companies weaken the security of products used by Americans and putting global trust in U.S. ..
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