Tracker record · Federal · Statute

CLOUD Act

Industry: All industries · Track: Compliance

The CLOUD Act (2018) creates two distinct cross-border data-access mechanisms that should not be conflated. First, 18 U.S.C. 2713 requires providers of electronic communication service or remote computing service to preserve and disclose communications and records within their possession, custody, or control regardless of whether the data is located inside or outside the United States. Second, 18 U.S.C. 2523 authorizes executive agreements under which the Attorney General, with the concurrence of the Secretary of State, may certify qualifying foreign governments to issue orders directly to U.S. providers, with corresponding exceptions permitting provider disclosure under 18 U.S.C. 2511(2)(j) and 2702(b)(9) and (c)(7). Section 2713 governs U.S. legal process; section 2523 governs bilateral executive agreements.

Status

Legal status
In effect
Allegation or finding
Operative law
Applicability
U.S. providers of electronic communication service and remote computing service; section 2713 applies to U.S. criminal legal process; section 2523 applies to foreign governments under certified executive agreements
Enforceability
Binding on parties within scope
Law checked through
October 12, 2026
Primary-source pinpoint
18 U.S.C. 2523
Primary source
https://www.law.cornell.edu/uscode/text/18/2713
Citation
18 U.S.C. 2713 (added 2018)
Source
18 U.S.C. 2713

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