U.S. and UK Sign Cross-Border Data Access Agreement for Cross-Border Enforcement and Warn Facebook on Proposed Encryption

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Thursday, October 10, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
10
Abstract: 

On October 3, 2019, the United States and United Kingdom concluded the first ever CLOUD Act Agreement.[1]  It will permit U.S. and British law enforcement agencies, with appropriate authorization, to demand electronic data concerning serious crime, including terrorism, child sexual abuse, and cybercrime, directly from tech companies based in the other country, without legal barriers.  Simultaneously, both governments and Australia’s Minister for Home Affairs published an open letter to Facebook, asking it to stop plans to implement end-to-end encryption across its messaging services.  On October 7, 2019, the U.S. and Australian governments announced they started negotiating a CLOUD Act Agreement.  Australia and the U.S. also held a roundtable on trusted technology ecosystems.