The CLOUD Act Five Years Later
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 3 February 2023
⏱️ 39 minutes
🧾️ Download transcript
Summary
Next month will mark the five-year anniversary of the CLOUD Act, a foundational piece of legislation on cross-border data transfers and criminal investigations. Before he was a University of Minnesota law professor and senior editor at Lawfare, Alan Rozenshtein worked in the Department of Justice where he was a member of the team that developed the CLOUD Act. In that capacity, he interacted with representatives from the large tech companies that would be most directly affected by the law. One of these people was Matt Perault, then the head of Global Policy Development at Facebook, and now the director of the Center on Technology Policy at the University of North Carolina at Chapel Hill.
Matt joined Alan to discuss the CLOUD Act with two more people who were present at its creation: Greg Nojeim, senior counsel and director of the Security and Surveillance Project at the Center for Democracy and Technology, and Aaron Cooper, a partner at the law firm of Jenner & Block, who was at the time a colleague of Alan’s at the Department of Justice. They talked about the reasons for the CLOUD Act’s development, whether it has succeeded in its goals, and what we should expect to see in the next five years.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
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| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | And so there was on the one hand this need to act quickly and effectively, |
| 0:37.0 | and protect a range of different interests that sometimes are competing. |
| 0:41.0 | And at the same time, recognize that we would need to account for the fact that |
| 0:46.0 | their other countries would grow into this framework in the future. |
| 0:51.0 | And when I think about, you know, as it been successful or not, |
| 0:55.0 | I think about it more from the fact that we haven't seen those aggressive, at least in my mind, |
| 1:01.0 | as many aggressive enforcement actions from foreign countries that we might otherwise have seen, |
| 1:07.0 | had the Cloud Act not come into effect. |
| 1:09.0 | I'm Alan Rosenstein, Associate Professor of Law at the University of Minnesota |
| 1:13.0 | and Senior Editor at LawFair. |
| 1:15.0 | And this is the LawFair podcast, February 3rd, 2023. |
| 1:20.0 | Next month will mark the five-year anniversary of the Cloud Act, |
| 1:23.0 | a foundational piece of legislation on cross-border data transfers and criminal investigations. |
| 1:29.0 | Before I was a law professor and an editor at LawFair, |
| 1:32.0 | I worked in the Department of Justice, where I had the privilege of being a member of the team that developed the Cloud Act. |
| 1:37.0 | In that capacity, I interacted with representatives from the large tech companies |
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