The legal nature of the UK-US CLOUD Agreement

on the April 20, 2020

In this new article, posted with the Cross Border Data Forum, Theodore Christakis, co-director of the Grenoble Alpes Data Institute and Kenneth Propp, Professor at Georgetown University, examine the legal status of the UK-US CLOUD Act Agreement under International and US Law.
They also enquire how the two parts of the CLOUD Act relate each other. May the United States resort to its unilateral warrant authority to obtain e-evidence located in the United Kingdom, instead of utilizing the channels prescribed in the UK-US CLOUD Agreement itself? If so, are others pursuing negotiations with the United States obliged to accept this approach taken by the UK-US CLOUD Agrement while remaining within the framework of the aggrements envisioned by the second part of the CLOUD Act? Is the United States free to vary it? These issues are particularly relevant in relation with the ongoing negociations on this topic between the US and the Europe 

You can read the article here:

Published on May 13, 2020