In a blog post for Lawfare, Jennifer Daskal and Peter Swire, CIPP/US, wrote in support of the bipartisan CLOUD Act and argued that contrary to popular criticism, they believe the bill will improve privacy and civil liberties when compared to having no bill at all. They write, “It is sometimes painful but true: Let not the perfect be the enemy of the good.” They argue that the bill provides an update to cross-border access to data, adding, “Without new legislation, other countries will face strong pressures to shift to data localization — requiring emails, social network posts, and other content to be stored within that country.” Daskal and Swire write that “the United States has a time-limited moment to use its current, but perhaps fleeting, leverage as the holder of so much of the world’s data to set privacy-protective standards that foreign governments can be pushed to meet.”
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