The agreement recognizes the last factor – the commitment to a free and open internet – only by stating that one of its objectives is to « protect privacy, civil liberties and an open internet. » Like the human rights analysis, this provision appears to be based on a substantive view of the law of the United Kingdom and the United Kingdom and the United Kingdom and not on a particular clause of the agreement. Interior Minister Priti Patel said: « Terrorists and paedophiles continue to use the Internet to spread their hate messages, plan attacks on our citizens and target the most vulnerable. As Minister of the Interior, I am determined to do everything in my power to stop them. This historic agreement will significantly expedite investigations and allow our enforcement agencies to protect the public. This is just one example of the sustainable security partnership we have with the United States, and I look forward to continuing to work with them and with global partners to combat these heinous crimes. The Cloud Act allows for a new data exchange system that allows law enforcement agencies in partner countries to bypass the MLAT procedure for serious criminal investigations. The passage of this law was necessary for the United States to enter into such agreements under the Electronic Communications Privacy Act of 1986 (ECPA), which prevents providers from sharing records with foreign governments without an arrest warrant, legal authorization or user consent. The CLOUD Act removes these legal barriers in U.S. law and allows partner countries that have signed an executive agreement to place orders directly to U.S. service providers. It also requires these partner countries to remove legal barriers that would prevent the U.S. government from ordering service providers within their borders. For example, a U.S.
judge could issue an arrest warrant for information housed on a British server – provided the information is in possession, detention or control of a party with jurisdiction over the court – and british service providers comply without the prior authorization of their own government. Currently, it can take six months to two years to process an application to U.S. authorities to access electronic data stored in the U.S.. Compare this to the standard seven-day time frame by which a U.S. CSP, which was used through an Overseas Production Order (OPO), must provide the same data or deal with non-compliance with court proceedings in the United Kingdom (and the resulting reputational damage).