Privacy

This is my favorite story of the episode. David Kris covers a report from the Privacy and Civil Liberties Oversight Board on the enormous value that European governments get in fighting terrorism from the same American surveillance programs that European institutions have been fighting for twenty years to shut down. It’s a delightful takedown of European virtue-signaling, and I hope the Biden Administration gives the PCLOB a new name and mission in honor of the report.

The judgment by the Court of Justice for the European Union has provoked a hostile reaction from U.S. national security and privacy experts. But it’s a wake-up call for how Americans should understand national security and surveillance in a world of global information networks.

Adapted from a June 2020 Brookings report, this is the third in a series of Lawfare posts on proposed federal privacy legislation. This piece addresses the role of civil rights in privacy legislation.

Adapted from a June 2020 Brookings report, this is the first in a series of Lawfare posts addressing federal privacy legislation. This piece focuses on proposals for federal preemption of state privacy laws, and the next piece will focus on a right for individuals.