Sindelar, Christine (2018). Applies to in-game service providers. (Reprinted from 115th Congress. H.R. 4943 (2018), Retrieved February 23, 2021 from https://www.congress.gov/bill/115th-congress/house-bill/4943)
Summary: H.R.4943 - 115th Congress (2017-2018)
There is one summary for H.R.4943. Bill summaries are authored by CRS.
Introduced in House (02/06/2018)
Clarifying Lawful Overseas Use of Data Act or the CLOUD Act
This
bill amends the federal criminal code to specify that an electronic
communication service (ECS) or remote computing service (RCS) provider
must comply with existing requirements to preserve, backup, or disclose
the contents of an electronic communication or noncontent records or
information pertaining to a customer or subscriber, regardless of
whether the communication or record is located within or outside the
United States.
An ECS or RCS provider may challenge a domestic
warrant that compels disclosure of the contents of an electronic
communication if:
- the customer or subscriber is not a U.S.
citizen or national, lawful permanent resident, corporation, or other
unincorporated entity;
- the customer or subscriber does not reside in the United States; and
- the
required disclosure creates a material risk that the provider violates
the laws of a foreign government with which the United States has in
effect an executive agreement on data access.
In response
to an order from a foreign government with which the United States has
an executive agreement on data access, an ECS or RCS provider may:
- intercept or disclose the contents of an electronic communication, and
- disclose
the contents of a stored electronic communication or noncontent records
or information pertaining to a subscriber or customer.
It
establishes a framework to allow the United States to enter into
executive agreements with foreign governments to govern data access. To
be valid, an executive agreement must meet certain requirements,
including that the foreign government affords robust procedural privacy
protections and adopts minimization procedures.
This bill does not preclude a foreign authority from obtaining assistance in a criminal investigation or prosecution
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