LEADS (Law Enforcement Access to Data Stored Abroad Act): Saving US Innovation

Straight Talk

Legal privacy protections for email and other cloud-stored data are weak—and could get weaker. Fundamentally, this is a legal and policy issue—not a technical matter--yet it has dire business implications. In a September 2015 U.S. Court of Appeals hearing, Microsoft challenged the U.S.’s request for private data held in Ireland because the U.S. government asserted its right and that of other nations to access data beyond national borders. The growing threat of privacy and confidentiality intrusions not only erodes trust in technology, but as people lose confidence in their right to privacy it will also impact small and medium businesses who provide cloud computing solutions to clients. Further, as other nations begin to build their own cloud solutions because ours cannot be trusted to protect their citizens' privacy, American companies operating at the global scale will suffer catastrophic results. The Law Enforcement Access to Data Stored Abroad Act—or LEADS—will help restore trust in tech by ensuring that digital communications and data receive the same privacy protections as paper letters and documents. It will: (1) Require a court-approved search warrant similar to laws governing access to physical documents; (2) Establish fair rules for government to access data stored abroad—protecting Americans’ privacy and setting a model for other nations; and (3) Strengthen international cooperation—through Mutual Legal Assistance Treaties with other nations. Join a discussion about what you can do NOW to save U.S. innovation, and why time is of the essence.