March 22, 2018

WASHINGTON – Today, ITI, the global voice of the tech sector, announced its support for the Clarifying Lawful Overseas Use of Data (CLOUD) Act as included in the Consolidated Appropriation Act of 2018. In a letter to members of Congress, ITI announced that it will consider key voting the legislation, emphasizing that it marks an important first step to modernize outdated laws regarding law enforcement access to data, and to reform our legal framework for the realities of the digital age.

ITI scores votes that are key priorities for the technology sector. In a letter to Senate and House Congressional leadership, ITI outlined why it will consider scoring this legislation:

March 22, 2018

The Honorable Mitch McConnell The Honorable Chuck Schumer

Majority Leader Minority Leader

U.S. Senate U.S. Senate

Washington, DC 20515 Washington, DC 20515

The Honorable Paul D. Ryan The Honorable Nancy Pelosi

Speaker of the House Minority Leader

U.S. House of Representatives U.S. House of Representatives

Washington, DC 20515 Washington, DC 20515

Dear Leaders McConnell and Schumer, Speaker Ryan and Leader Pelosi:

On behalf of the 63 members of the Information Technology Industry Council (ITI), I write to express our strong support for the Clarifying Lawful Overseas Use of Data (CLOUD) Act as included in the Consolidated Appropriation Act, 2018. Given the importance of the bipartisan CLOUD Act to the high-tech community, we will consider scoring votes in support of final passage of the Consolidated Appropriations Act, 2018 in our 115th Congressional Voting Guide.

The Electronic Communications Privacy Act (ECPA) governing law enforcement access to data, written over 30 years ago, fails to reflect the global, interconnected nature of today’s electronic and cloud-based communications that are foundational to our daily communications and business operations. Furthermore, outmoded and often conflicting international data access laws frustrate the legitimate interests of law enforcement agencies to conduct cross-border criminal investigations and instead create a complex legal landscape that undermines citizens’ trust in technology products and services.

ITI applauds the inclusion of the CLOUD Act in the Consolidated Appropriation Act, 2018 as a critical first step in reforming these outdated laws regarding law enforcement access to data and modernizing our legal framework for the realities of the digital age. By incentivizing bilateral agreements between the U.S. government and its foreign counterparts to reconcile conflicts of law around cross-border data access, this legislation will facilitate greater cooperation and dialogue among participating countries. It will also help to harmonize international privacy norms and balance the vested interests of governments, communications service providers, and citizens alike.

On behalf of ITI’s member companies, we urge members of the House and Senate to support the final passage of CLOUD Act as included in the Consolidated Appropriation Act, 2018.

Sincerely,

Dean Garfield

President & CEO

cc: Members of the House of Representatives and Senate

Public Policy Tags: Data & Privacy