Latest in data
For the first time, major world democracies have gone public with a set of common protections that they apply when accessing individuals’ personal data for intelligence or law enforcement purposes.
Innovation is driven by experimentation; innovation policy should be too.
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.
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.
The American Data Privacy and Protection Act would provide numerous substantive privacy protections that are long overdue.
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.
Government agencies need to be able to access the datasets that drive the tech sector.
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?
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.
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.