The CLOUD Act

The CLOUD Act

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1 April 2020 from 12.30 pm - 1.30 pm 1 Apr 2020 12:30 pm 1 Apr 2020 1:30 pm

This seminar considers whether New Zealand should adopt the 'CLOUD Act' regime. This regime—named after the US Clarifying Lawful Use of Overseas Data Act 2018 (“CLOUD Act”)—is a hugely significant new international data sharing mechanism being championed by the United States and United Kingdom. It offers law enforcement officials unprecedented ability to swiftly obtain electronic data from technology companies overseas, by directly enforcing their own country's court orders extraterritorially without any independent review in the country where the order is being enforced. This represents an important change from the current main method for obtaining such data, mutual legal assistance treaties ("MLATs"), which require local court review to safeguard individual rights, including digital privacy rights. There is a significant chance New Zealand will consider adopting the CLOUD Act regime. This seminar will provide an overview of this new regime, detailing how this differs from MLATs and other tools available to law enforcement. It will then give a preliminary analysis of the arguments for and against New Zealand adopting the CLOUD Act regime, focusing on the impact on digital privacy rights.

Tim Cochrane is studying for an MPhil in Law at the University of Oxford. His research interests include digital privacy rights, national security, public and private international law, and other aspects of human rights and public law. Tim is admitted to practice in New Zealand, New York, and England and Wales. He recently worked as an international disputes lawyer in London and New York and originally trained with Kensington Swan's Litigation and Public Law team in Wellington. He has a BA(Hons)/LLB from the University of Otago and an LLM(Distinction) from the University of Pennsylvania Law School.

Please register by Monday 30 March 2020.