Safe Harbor

Latest in Safe Harbor


Surveillance Reform Is Only Hope for Reviving Safe Harbor

In my last post, I said that the European Court of Justice decision in Maximillian Schrems v. Data Protection Commission ignores some inconvenient truths. US frustrations with European double standards on surveillance are understandable. They are also beside the point. The US must reform surveillance law – specifically, Section 702 of FISA – if it wants to restore safe harbor.


Schrems v. Data Protection Commissioner: Some Inconvenient Truths The European Court of Justice Ignores

Today’s decision by the European Court of Justice on safe harbor – Maximillian Schrems v. Data Protection Commissioner, ably summarized by Lawfare’s Alex Loomis – ignores some very inconvenient truths about surveillance and privacy on both sides of the Atlantic. In this post, I explain what the ECJ ignores.


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