澄清海外合法使用数据法案.pdf
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DIVISION V—CLOUD ACT
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SEC. 101. SHORT TITLE.
3 This division may be cited as the ‘‘Clarifying Lawful
4 Overseas Use of Data Act’’ or the ‘‘CLOUD Act’’.
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SEC. 102. CONGRESSIONAL FINDINGS.
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Congress finds the following:
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(1) Timely access to electronic data held by
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communications-service providers is an essential
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component of government efforts to protect public
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safety and combat serious crime, including ter-
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rorism.
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(2) Such efforts by the United States Govern-
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ment are being impeded by the inability to access
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data stored outside the United States that is in the
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custody, control, or possession of communications-
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service providers that are subject to jurisdiction of
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the United States.
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(3) Foreign governments also increasingly seek
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access to electronic data held by communications-
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service providers in the United States for the pur-
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pose of combating serious crime.
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(4) Communications-service providers face po-
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tential conflicting legal obligations when a foreign
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government orders production of electronic data that
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2202
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United States law may prohibit providers from dis-
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closing.
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(5) Foreign law may create similarly conflicting
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legal obligations when chapter 121 of title 18,
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United States Code (commonly known as the ‘‘
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Stored Communications Act’’), requires disclosure of
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electronic data that foreign law prohibits commu-
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nications-service providers from disclosing.
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(6) International agreements provide a mecha-
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nism for resolving these potential conflicting legal
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obligations where the United States and the relevant
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foreign government share a common commitment to
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the rule of law and the protection of privacy and
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civil liberties.
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SEC. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS
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OF LEGAL PROCESS.
17 (a) R
EQUIRED
P
RESERVATION AND
D
ISCLOSURE OF
18 C
OMMUNICATIONS AND
R
ECORDS
.—
19 (1) A
MENDMENT
.—Chapter 121 of title 18,
20 United States Code, is amended by adding at the
21 end the following:
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‘‘§ 2713. Required preservation and disclosure of com-
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munications and records
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‘‘A provider of electronic communication service or
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remote computing service shall comply with the obligations
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