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data and communication companies must provide stored data for a customer or subscriber on any server they own and operate when requested by warrant, but provides mechanisms for the companies or the courts to reject or challenge these if they believe the request violates the privacy rights of the foreign country the data is stored in.

The Law Enforcement Access to Data Stored Abroad Act (LEADS Act) in 2015 and the International Communications Privacy Act (ICPA) in 2017 were both previous bills intended to amend the SCA but which failed to gain passage. Ĭongress, primarily led by Senator Orrin Hatch, had attempted to create legislation prior to the CLOUD Act to amend the SCA with the concerns of Microsoft and other technology companies with respect to foreign privacy rights. The challenge recognized that while the FBI could request a mutual legal assistance treaty (MLAT) to aid in data discovery during cross-border law enforcement, the process to acquire a new MLAT if one is not in place, or to process a request through an existing MLAT, can be slow and impede law enforcement efforts.

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The FBI contended that Microsoft had full control of the data and should be compelled to turn it over in response to the warrant, but Microsoft argued that the SCA did not cover data stored outside the United States. This legal challenge led to the Supreme Court in Microsoft Corp.

citizen had stored on one of Microsoft's remote servers in Ireland, which Microsoft refused to provide. The situation was highlighted from a 2013 drug trafficking investigation, during which the FBI issued an SCA warrant for emails that a U.S.

The CLOUD Act was introduced following difficulties that the Federal Bureau of Investigation (FBI) had with obtaining remote data through service providers through SCA warrants, as the SCA was written before cloud computing was a viable technology.