The Problem of Privacy: A Legal and Legislative Analysis of the Anticipated Precedent of the CLOUD Act on Data Collection and Access

Abstract

The generation of cloud computing has revolutionized the world we live in but the legislation governing these technologies has lagged far behind. This matter has becoming increasingly problematic as we see a growing number of cases before the Supreme Court questioning the processes and principles of access to consumer data stored internationally. The Clarifying Lawful Overseas Use of Data (CLOUD) Act, while a long overdue refresh of electronic privacy legislation, doesn’t go far enough to amend the holes in the Electronic Communications Privacy Act (ECPA) and leaves questions concerning the effectiveness of implementation going forward. This study examines the significance of the act and recommends two policy amendments to strengthen its protections as well as identifies additional areas of study as the Act is fully implemented.