House Judiciary Committee to Examine International Conflicts of Law Concerning Stored Data
February 22, 2016
Washington, D.C. – On Thursday, February 25, 2016 at 10:00 a.m., the House Judiciary Committee will hold a hearing on “International Conflicts of Law Concerning Cross Border Data Flow and Law Enforcement Requests.”
As the use of technology has spread around the world, international conflicts of law concerning law enforcement’s access to stored data outside of its jurisdiction have presented many challenges. Both the United States and foreign governments face many barriers when requesting stored communications data when it is kept outside of their borders yet is for a criminal investigation within their country. Varying legal and privacy standards, as well as cumbersome delays under Mutual Legal Assistance Treaties, have contributed to this issue. Earlier this month, it was reported that the United States and United Kingdom governments are negotiating a bilateral agreement to address law enforcement access to data when it is not stored within their jurisdiction.
Witnesses for this week’s hearing are:
Panel One
- Mr. David Bitkower, Principal Deputy Assistant Attorney General, United States Department of Justice
- Mr. Brad Smith, President and Chief Legal Officer, Microsoft Corporation
- The Honorable Michael Chertoff, Executive Chairman and Co-Founder, The Chertoff Group
- The Honorable David Kris, Executive Vice President and General Counsel, Intellectual Ventures
- Ms. Jennifer Daskal, Assistant Professor of Law, American University Washington College of Law