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3) Discuss the implications of the recently enacted CLOUD Act, by the U.S congress. How will the act impact India.(250 words)

TopicEffect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

3) Discuss the implications of the recently enacted CLOUD Act, by the U.S congress. How will the act impact India.(250 words)

Reference

The hindu

 

Why this question

The issues of privacy and sovereign rights are among the  burning issues of the recent years. EU came up with the GDPR policy and the U.S came up with the CLOUD act. It is essential to know the nature and implications of CLOUD act given that most of the tech-giants are located in the U.S but have operations world over.

Key demand of the question.

The question wants us to write in detail about the CLOUD Act and its salient provisions. We have to bring out its potential implications for the people in general and India in particular.

Directive word

Discuss- We have to write in detail about the CLOUD act and look deep into its provisions, objectives and its implications for the world in general and India in particular.

Structure of the answer

Introduction– Write a few lines about the CLOUD act. E.g the Clarifying Lawful Overseas Use of Data Act (CLOUD Act),  is aimed to enable the U.S. government to enter into agreements with like-minded states for cross-border data sharing. This will allow law enforcement agencies from these states to directly obtain electronic data, held by communication service providers headquartered in the U.S.

Body-

  • Discuss the salient provisions of the act  E.g the act provides that U.S. law-enforcement orders issued under the Stored Communications Act (SCA) may reach certain data located in other countries; the act formalizes the process for companies to challenge a law enforcement request.
  • Discuss the possible implications of the act. E.g Discuss the effect on privacy of netizens all around the world and similarly in India; Also discuss the increasing incidences of transnational and cyber crimes and how they will be easy to deal with under the provisions of the act; an Indian officer for the purposes of an investigation will no longer have to make a request to the U.S. government but can approach the company directly etc.
  • Discuss how should India respond to the given legislation. E.g seeking push for an India-U.S. data sharing agreement to serve the interests of its law enforcement and, more importantly, to make headway in the global cyber norms conversation; need to ensure that the authorities collect, retain, use and share data as per an established procedure. In addition, Indian laws must provide for electronic data requests to be reviewed by a court or other independent authority etc.

Conclusion– sum up your discussion in a few lines.

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