Many of these requirements relate to the specific contracting process. The Cloud Act requires that such an injunction be linked to “the prevention, detection, investigation or prosecution of a serious crime, including terrorism,” but the agreement limits that scope to allow orders only for “serious crimes” that it defines as crimes that carry a maximum penalty of at least three years in prison. Thus, an order can only be used to investigate terrorist activities, which are also considered “serious crimes,” not the much more open standard under the COPO Act, which authorizes an order “for terrorist investigation purposes.” With the launch date of the executive agreement, July 8, 2020, suppliers in the United States and the United Kingdom should understand and be prepared to understand the retention and confidentiality obligations and production deadlines now applicable to them in accordance with the laws of the other country (including the British Crime Production Act 2019 (“COPOA”) and the CAS). This change may require suppliers to adapt their repressive procedures. In addition, Suppliers and individuals who store their data with U.S. and BRITISH suppliers should bear in mind that the CLOUD Act requires the Attorney General and the Secretary of State to confirm that each executive agreement meets the following four requirements: Just before the agreement was signed, the Sunday Times, a British newspaper, reported that the agreement would require service providers such as WhatsApp and Facebook to decrypt the messages according to a government order. This story turned out to be false – but on the same day that the US and the United Kingdom signed the agreement, they also published a joint letter with Australia, in which they asked Facebook not to make a plan to do end-to-end encryption in its email systems. This is consistent with the language of the CLOUD Act, which requires a change in the decryption policy to result from separate agreements or changes in national legislation. The second part of the CLOUD Act, codified by the 18 U.S.C agreement, allows a supplier to jointly use the content of the communication with a qualified foreign government. As a general rule, the United States allows the exchange of such information with foreign governments only on the basis of a Mutual Legal Assistance Agreement (MLAT), a system of agreements that allows law enforcement agencies to formally request data from other countries. In the United States, all MLAT applications are reviewed by the Criminal Division of the Department of Justice and the United States.

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