CLOUD Act (H.R.4943) - Clarifying Lawful Overseas Use of Data Act

government

US Congress·congress.gov/bill/115th-congress/house-bill/4943

Credibility Rating

5/5

Gold(5)

Gold standard. Rigorous peer review, high editorial standards, and strong institutional reputation.

Rating inherited from publication venue: US Congress

The CLOUD Act is a key piece of U.S. legislation governing cross-border data access; relevant to AI governance discussions around jurisdictional authority over data used in AI training and cloud-based AI service deployment internationally.

Metadata

Importance: 30/100legislationprimary source

Summary

The CLOUD Act (H.R.4943) amends U.S. federal criminal code to allow law enforcement to compel electronic communication and cloud service providers to produce data stored overseas via domestic warrants. It establishes a framework for bilateral executive agreements enabling mutual cross-border data access between the U.S. and foreign governments, while providing providers limited ability to challenge warrants conflicting with foreign law.

Key Points

•Extends U.S. warrant authority to compel disclosure of data held abroad by domestic ECS/RCS providers, regardless of storage location.
•Allows providers to challenge or modify warrants when compliance would violate the laws of a foreign government.
•Creates a framework for executive agreements enabling foreign governments to make direct data requests to U.S.-based providers under qualifying conditions.
•Balances U.S. law enforcement needs with international legal conflicts and foreign sovereignty concerns over data.
•Relevant to AI governance as it shapes the legal landscape for cross-border data access that underpins AI training and cloud-based AI services.

Cited by 1 page

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# H.R.4943 - CLOUD Act  115th Congress (2017-2018)

## Bill

[Hide Overview](https://www.congress.gov/bill/115th-congress/house-bill/4943#)

| Sponsor: | [Rep. Collins, Doug \[R-GA-9\]](https://www.congress.gov/member/doug-collins/C001093) (Introduced 02/06/2018) |
| Committees: | House - Judiciary; Rules |
| Latest Action: | House - 02/06/2018 Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.  ( [All Actions](https://www.congress.gov/bill/115th-congress/house-bill/4943/all-actions?overview=closed#tabs)) |
| Tracker:<br> Tip | This bill has the status Introduced<br>Here are the steps for Status of Legislation:<br>1. Introduced<br>   Array<br>   (<br>    \[actionDate\] => 2018-02-06<br>    \[displayText\] => Introduced in House<br>    \[externalActionCode\] => 1000<br>    \[description\] => Introduced<br>    \[chamberOfAction\] => House<br>   ) |

### More on This Bill

- [Constitutional Authority Statements](https://www.congress.gov/bill/115th-congress/house-bill/4943#)
- [CBO Cost Estimates \[0\]](https://www.congress.gov/bill/115th-congress/house-bill/4943#)

### Subject — Policy Area:

- Crime and Law Enforcement
- [View subjects](https://www.congress.gov/bill/115th-congress/house-bill/4943/subjects?overview=closed)

## Summary:  H.R.4943 — 115th Congress (2017-2018)  [All Information](https://www.congress.gov/bill/115th-congress/house-bill/4943/all-info) (Except Text)

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There is one summary for H.R.4943. [Bill summaries](https://www.congress.gov/help/legislative-glossary#glossary_billsummary) are authored by [CRS](https://www.congress.gov/help/legislative-glossary#glossary_crs).

### Shown Here:  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 provi

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