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A verdict in this matter was originally expected in the middle of the year, but is now is meaningless with the CLOUD Act.Īpart from the questions of international law, may a state readily grant itself the right to access data stored in other states and thereby circumvent existing mutual legal assistance agreements? However, the CLOUD Act is particularly relevant against the background of the EU GDPR applicable from. Microsoft had initially refused to grant access to the US authorities, and had obtained justice before the US Court of Appeals. According to this law, which has been in place since 1986, US companies must grant US authorities direct access to data resulting from a legal act, such as an administrative order.īackground of the issue started with legal dispute of whether Microsoft is required to provide US authorities with access to user data stored abroad based on administrative and judicial orders, user data in this context means complete communication, records or other information. Specifically, this means that the Stored Communications Act is also applicable to data stored abroad. Among other things, the law states that the existing obligations must be fulfilled regardless of whether the user data concerned, which US authority wants to access, and is stored inside or outside the United States. So far, there has been considerable legal disputes as to whether providers of cloud services need to provide US authorities access to user data even when these data are stored abroad.
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The bill was criticized by the Electronic Frontier Foundation, the American Civil Liberties Union, Amnesty International, and Human Rights Watch to name a few. Under the CLOUD Act, US authorities will be able to access (personal) information from (US) companies which are not stored in the US, even without recourse to international mutual legal assistance agreements. On March 2018, US Congress passed the CLOUD Act with the signing of US President Donald Trump. From May 25 2018, EU GDPR will come in force. Since March 23, 2018, CLOUD Act is in force in the USA.
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Freedom is Not Limitless in the Cloud in Respect To Acts Like CLOUD Act, EU GDPR. Needless to say – our notion of using cloud is for cost effectiveness, not for replacing on-premise. Today, value of keyword of cloud computing touched the sky. Cloud Became Such a Thing That Acts Made! 8 years ago, when we published articles on virtualization, cloud computing few readers actually searched and read.