What does the CLOUD Act do?
The CLOUD Act, enacted in 2018, amends U.S. law to clarify how law enforcement accesses data stored by U.S. tech companies, regardless of server location.
It compels providers to disclose customer data on U.S. servers or abroad via warrants, while allowing challenges if foreign privacy laws conflict, and enables bilateral agreements with other nations for reciprocal access to combat serious crimes.
Data access: U.S. authorities can demand stored communications globally from American firms, addressing pre-cloud era gaps in the Stored Communications Act.
Provider safeguards: Companies may contest orders through "comity" analysis weighing U.S. interests against foreign laws.
International deals: Authorizes executive agreements with qualifying countries, bypassing some mutual legal assistance delays for crimes like terrorism or cybercrime.
Implications for Cloud services: In contexts like Atlassian Government Cloud, it reinforces U.S. jurisdiction over data of U.S.-based providers, even with U.S.-only residency, heightening compliance focus for global users.
