The Berkman-Klein Center at Harvard has published a primer on how the current Mutual Legal Assistance Treaty system works and summary of the Justice Department's proposed legislative fix.
Latest in Cross-Border Data
Testimony submitted to the Irish High Court in Schrems v. Facebook highlights how the potential landmark case may change the law governing international data transfers in the European Union.
Google’s attempt to fight a global takedown order in Canada was stymied by the fact that the order did not pose a conflict of laws. So on Monday, Google walked into the Northern District of California to try to create one.
The US-UK law enforcement data exchange Agreement (should it ever be authorized by Congress) would be a positive step in regularizing the process of cross border data exchange and preventing the balkanization of the network. Fears that it is overbroad, that UK judges lack independence, or that the UK's law enforcement powers are not subject to review are themselves mistaken and a bit overblown. They also lack a due regard for the integrity of the UK democratic process.
A joint U.S.-U.K. cross-border data request agreement has complications on both sides of the pond.
The Equustek decision is not crazy—to the contrary—nor is it a dangerous precedent for the right-to-be-forgotten battles being waged in Europe.
Under the Trump Administration, the fundamental bases of the Privacy Shield remain unchanged.
The House Judiciary Committee is holding a hearing this morning on cross-border data requests, featuring testimony from the Department of Justice, the U.K. government, Google, the Center for Democracy and Technology, state law enforcement, and yours truly. The hearing will be livestreamed here, where you can also find the written testimony
Ending The Endless Crypto Debate: Three Things We Should Be Arguing About Instead of Encryption Backdoors
Recently I participated in a fascinating conference at Georgia Tech entitled “Surveillance, Privacy, and Data Across Borders: Trans-Atlantic Perspectives.” A range of experts grappled with the international aspects of an increasingly pressing question: how can we ensure that law enforcement is able to obtain enough information to do its job in the twenty-first century, while also ensuring that digital security and human rights are protected?