Two years on the UK-US Data Access Agreement is a quiet success

An article in Lawfare examining the impact of the UK-US Data Access Agreement over the first two years of its operation suggests that the agreement has been a success. The agreement, enabled under the CLOUD Act, has effectively led to the collection of evidence, resolved conflicts of law in data gathering, and established a promising precedent for future US agreements, including one with the European Union. The article highlights, however, that the UK is utilising the agreement more than the US, with the US Department of Justice expressing some disappointment regarding aspects of the UK's implementation.

This was particularly evident due to the controversy that emerged during a recent House Judiciary subcommittee hearing concerning the technical capability notice (TCN) issued by the UK Home Office to Apple demanding that the company create a back door in its Advanced Data Protection (ADP) encrypted cloud service. The issue has sparked concerns that CLOUD Act agreements may not adequately protect US cybersecurity or privacy interests. The US Justice Department may now request that the UK government withdraw its order to Apple and refrain from similar demands on other US providers.