Cyber & Technology
A Road Map for Tech Policy Experimentation
Matt Perault, Andrew Keane Woods Fri, Aug 12, 2022, 8:01 AM
Innovation is driven by experimentation; innovation policy should be too.
Latest in data
Fourth Amendment
Carpenter Should Replace Katz in Fourth Amendment Law
Matthew Tokson, Paul Ohm Wed, Jul 13, 2022, 8:01 AM
The emerging three-factor Carpenter test should become the primary standard for Fourth Amendment searches, replacing the test that has prevailed for over 50 years.
Fourth Amendment
A First Circuit Decision and the Future of Telephone Pole Camera Surveillance
Matthew Tokson Fri, Jun 24, 2022, 11:01 AM
Courts are split on whether telephone pole camera surveillance of a house violates the Fourth Amendment, and the First Circuit just added to the confusion.
data privacy
The Bipartisan, Bicameral Privacy Proposal Is a Big Deal
Peter Swire Thu, Jun 9, 2022, 2:12 PM
The American Data Privacy and Protection Act would provide numerous substantive privacy protections that are long overdue.
data
Cultivating Europe’s Data Garden
Kenneth Propp Fri, Mar 4, 2022, 9:01 AM
The European Commission's recently released Data Act is a sweeping proposal to regulate markets for non-personal data with significant consequences for U.S. companies.
Cyber & Technology
The Devil Is in the Data
Alex Engler Wed, Sep 9, 2020, 3:58 PM
Government agencies need to be able to access the datasets that drive the tech sector.
India
Key Global Takeaways From India's Revised Personal Data Protection Bill
Arindrajit Basu, Justin Sherman Thu, Jan 23, 2020, 8:00 AM
The Indian government has introduced a new data protection bill. What's in the bill? What does it reveal about the Indian government's vision of the data protection and of the internet?
Cross-Border Data
U.S. Commitment to the Privacy Shield Remains Strong
Robert S. Litt Thu, Jun 15, 2017, 4:30 PM
My friend Cam Kerry, in a recent Lawfare post expressed concern that actions of the Trump Administration are undermining the Privacy Shield, the important agreement between the United States and the European Union that permits transatlantic data flows. Kerry fears that “the damage the president and his administration have done to relationships with Europe and perceptions of the United States as a trusted partner” will make it hard to sustain the Privacy Shield.
Data Protection
Democracy, Hacked: A Security Argument for Data Protection
Hugo Zylberberg Thu, Jan 26, 2017, 2:31 PM
The recent Office of the Director of National Intelligence (ODNI) report on Russia’s efforts to “undermine public faith in the US democratic process” through “an influence campaign in 2016 aimed at the US presidential election” also warns that similar influence operations could be waged against US allies, including France (where I’m from) and Germany. Both countries are set to hold elections in 2017 that will be crucial to the future of the EU.
Privacy Paradox
So Much for the Privacy Shield
Paul Rosenzweig Thu, Jan 26, 2017, 11:55 AM
Digital commerce across the Atlantic is highly dependent on the free flow of data. And that, in turn, is dependent on the existence of roughly equivalent privacy protections on both sides of the Atlantic that provide legal, and practical, comfort to Europeans and Americans about the security and privacy of their personal information.