Privacy Paradox takes an unorthodox look at the law and policy of contemporary privacy: intelligence reform, the transatlantic divide over data protection and government data collection, and the incipient international law of privacy. What does the "right to be let alone" mean in a world in which we leave digital dust wherever we go and entrust our lives to companies we know to be exploiting our data for commercial gain? Do we want those companies to stand up to government or work with it—or both?
Fundamentally, the FTC has the structure and the legal powers necessary to enforce reasonable privacy rules. But it does need to evolve to meet the challenge of regulating modern information platforms.
While the General Data Protection Regulation may not prohibit California from applying for adequacy, the state faces a more significant issue at home: the U.S. Constitution.
On April 23, the Hoover Institution hosted the latest iteration of the Security by the Book series, where Jack Goldsmith interviewed Henry Farrell and Abraham Newman about their new book, “Of Privacy and Power, The Transatlantic Struggle Over Freedom and Security.” They talked about how the relationship between Europe and U.S. has changed in response to regulations and other government action in the security and privacy spheres on both sides of the Atlantic.
The Foreign Intelligence Surveillance Court (FISC) has released its annual report for 2018. The document is available here and below.
The court held, for the second time in five years, that the government may compel a defendant to unlock an electronic device under certain circumstances.
The Cloud Act provides that U.S. prosecutors can gain access to evidence under the possession, custody or control of a company in the U.S., regardless of where the data are stored. But European fears of economic espionage are mistaken.
The California Consumer Privacy Act sparked speculation about whether California could apply for adequacy under the General Data Protection Regulation.
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