The world, understandably, has questions about the Cloud Act. The problem is, the rhetoric does not match the reality, writes Jennifer Daskal
I hadn’t heard that particular term before. But I have heard the same basic epithet from numerous foreign governmental officials, many of whom worry that US will use the Cloud Act to scoop up foreigners’ data.
Importantly, the Cloud Act is not an intelligence gathering tool. It is not an economic espionage tool. Law enforcement officials can only demand access to the data if it supports a criminal investigation over which the US has jurisdiction to prosecute.Should we be worried that the state will use mobile phones to trace us during the Covid-19 pandemic?
That would be an extraterritorial assertion of authority and US law does not provide any mechanism for issuing warrants extraterritorially. Consider the run-of-the mill US investigation of an American citizen with respect to a local murder or fraud investigation. Imagine that the US law enforcement officials served a warrant on Google or Facebook for relevant data, but, for whatever reason, the data is stored outside the US. Few, if any, foreign governments would claim a sovereignty invasion if the companies turned over that data.
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