This piece was originally published in Law360.

Sophisticated companies are used to responding to grand jury subpoenas, court orders and search warrants. Internet service providers have dealt with orders under 18 U.S.C. § 2703(d) or mutual legal assistance treaties. The 24/7 Cybercrime Network adds a new wrinkle for preserving electronic evidence. The Clarifying Lawful Overseas Use of Data Act, or the CLOUD Act, passed as part of the federal government’s spending bill in March 2018, also governs the preservation and production of certain electronic evidence. The waters were further muddied by the European Commission’s new “eevidence” rules, which were proposed on April 17, 2018. Notwithstanding, as discussed below, the 24/7 Cybercrime Network will remain a tool used by foreign countries in obtaining electronic evidence from companies in the United States.

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