S. 2383: CLOUD Act

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S. 2383: CLOUD Act

115th Congress · introduced 2018-02-06 · Crime and Law Enforcement · Latest: Read twice and referred to the Committee on the Judiciary.

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Official title

CLOUD Act

Plain summary

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.

Congressional Research Service summary (Introduced in Senate), quoted unchanged (nonpartisan). Read the source.

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Alternatives

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Officials and money

Sponsor: Sen. Hatch, Orrin G. [R-UT] · 10 cosponsors

Cost estimate: No cost estimate published yet.

Cosponsors on this site

Christopher A. Coons (D-DE), Sheldon Whitehouse (D-RI), Bill Cassidy (R-LA), Jeanne Shaheen (D-NH), Chuck Grassley (R-IA), Amy Klobuchar (D-MN), Mark R. Warner (D-VA)

No linked floor roll calls in our collected records yet. This does not mean the bill has never had a vote. Check the official bill history.

Sources

• Congressional Research Service summary (Introduced in Senate)
• Congress.gov
• Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-115s2383.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/115/s>

Record fed-us-cong115-s2383 · catalog fed-us-congress-bills-cong115 · updated 2026-11-15 by psicol fed-bills-cong115