Kenneth Propp is senior fellow at the Europe Center of the Atlantic Council, senior fellow at the Cross-Border Data Forum, and adjunct professor of European Law at Georgetown Law. From 2011-2015 he served as Legal Counselor at the U.S. Mission to the European Union in Brussels, Belgium.
Subscribe to this Lawfare contributor via RSS.
President Biden’s June 15 summit meeting in Brussels with EU leadership put cooperation on technology and trade at the forefront of the transatlantic relationship, but it did not yield a breakthrough in the ongoing negotiations to restore data transfers from Europe to the United States to a stable and durable footing.
Europe’s new AI proposal sets out a nuanced regulatory structure with several important innovations. But the initiative also appears to have some surprising gaps.
The United States now finds itself forced to consider changes to its foreign surveillance law and practices in order to reestablish a stable basis for transatlantic transfers of personal data.
A recent exchange over the privacy practices of the Terrorist Finance Tracking Program contributed to the mounting crisis between the United States and the European Union over transatlantic data transfers, privacy, and national security surveillance.
We propose a solution to fix the perceived defects in U.S. surveillance law identified recently by the EU’s judicial branch.
The CJEU invalidated one principal legal method for the transfer of personal data from EU territory to the United States and cast substantial doubt on the validity of the other. What are the consequences of the ruling?
The proposed framework represents a sensible and thoughtful basis to guide the EU’s consideration of legislation to help direct the development of AI applications.