FEDERALhearing transcript

Hearing on International Data Requests by Law Enforcement

Original title: INTERNATIONAL CONFLICTS OF LAW AND THEIR IMPLICATIONS FOR CROSS BORDER DATA REQUESTS BY LAW ENFORCEMENT

January 1, 2016

data privacy law enforcement international law digital surveillance cybersecurity

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The Frame

What this does

This hearing addressed the legal framework for how U.S. authorities access digital information held by companies abroad, which directly impacts the privacy rights of individuals and the ability of law enforcement to conduct investigations.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

Technology Companies

These companies manage data storage and must navigate conflicting legal requirements from different countries when responding to law enforcement requests.

Law Enforcement Agencies

These agencies seek access to digital evidence that may be stored on servers located outside of the United States.

What changed

Last recorded activity January 1, 2016.

What's next

Next step not available in the current record.

Summary

The House Judiciary Committee held a hearing on February 25, 2016, to discuss the legal challenges and conflicts that arise when U.S. law enforcement agencies request digital data stored in other countries. Experts and officials examined how current laws interact with international borders and the implications for privacy and criminal investigations.

Key Facts

The hearing took place on February 25, 2016, in the Rayburn House Office Building.
The primary subject was the conflict of laws regarding cross-border data requests by law enforcement.
Witnesses included representatives from the Department of Justice, Microsoft, the private sector, and academia.
The committee received oral and written testimony regarding the legal implications of accessing data stored internationally.
The hearing record includes responses to questions for the record from all five primary witnesses.
The hearing was held during the 114th Congress, Second Session.

Frequently Asked Questions

What was the purpose of this hearing?

To examine the legal conflicts that occur when U.S. law enforcement agencies attempt to obtain digital data stored by companies in foreign countries.

Who testified at the hearing?

Witnesses included David Bitkower (DOJ), Brad Smith (Microsoft), Michael Chertoff (The Chertoff Group), David S. Kris (former DOJ), and Jennifer Daskal (American University).

Why It Matters

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Early focus on cross-border data

The hearing highlights that the tension between international data storage and U.S. law enforcement access was a significant policy focus as early as 2016.

Microsoft Department of Justice

Connected Entities

organizationHouse Committee on the Judiciary“The committee conducting the hearing.”Map →

personDavid Bitkower“Principal Deputy Assistant Attorney General, DOJ.”Map →

personJohn Conyers, Jr.“Ranking Member of the Committee.”Map →

personBob Goodlatte“Chairman of the Committee.”Map →

personJennifer Daskal“Assistant Professor, American University Washington College of Law.”Map →

personDavid S. Kris“Former Assistant Attorney General for National Security.”Map →

personBrad Smith“President and Chief Legal Officer, Microsoft.”Map →

personMichael Chertoff“Co-Founder, The Chertoff Group.”Map →

Sources

Open source document

www.govinfo.gov

Analysis Score

0–100

Significance65
How much this matters to a regular citizen
Controversy50
Intensity of disagreement among stakeholders
Entertainment10
Compellingness for a non-policy-wonk reader
Buzz15
Current news / social attention level

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