Eileen Rumfelt Quoted About CLOUD Act in ABA Article Discussing Federal Seizure of Electronic Data Stored Abroad

August 16, 2018

Author: Eileen Rumfelt

Eileen Rumfelt was quoted on the CLOUD Act in a Litigation News article titled "Electronic Data Stored Abroad Now Subject to Federal Seizure" published by the American Bar Association on August 16, 2018. Ms. Rumfelt is the co-chair of the ABA Section of the Litigation's Editorial Board Subcommittee of the Criminal Litigation Committee.


There are two basic pieces to the CLOUD Act, explains Eileen Hintz Rumfelt...“The first resolves the fairly straightforward question before the Supreme Court in Microsoft—it makes overseas data controlled by a U.S. company subject to a criminal warrant,” observes Rumfelt. Some applaud this component for its bright-line certainty. “Companies can take advantage of overseas data farms and now know that data is subject to U.S. criminal search just like U.S.-based data. The government now knows that a subpoena to Microsoft is a subpoena for all of the data Microsoft controls,” explains Rumfelt. “And the individual user, who has little transparency into where his or her data is held anyway, now knows that putting data with a U.S. company means all of that data is subject to U.S. criminal laws,” adds Rumfelt.

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