In the U.S. legal framework, there is ample precedent for using an executive order or presidential directive to limit intelligence activities and establish safeguards to protect privacy and civil liberties.
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How Europe’s Intelligence Services Aim to Avoid the EU’s Highest Court—and What It Means for the United States
The United States now finds itself forced to consider changes to its foreign surveillance law and practices in order to reestablish a stable basis for transatlantic transfers of personal data.
Our interview in this episode is with Michael Daniel, formerly the top cybersecurity adviser in the Obama administration’s National Security Council and currently the CEO of the Cyber Threat Alliance (CTA). Michael lays out CTA’s mission. Along the way he also offers advice to the Biden cyber team—drawing in part on the wisdom of Henry Kissinger.
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.
Schrems II will certainly affect the U.K.’s future data protection landscape. But the decision’s effects on Britain are not as catastrophic as some observers may have feared.
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.
The CJEU invalidated one principal legal method for the transfer of personal data from EU territory to the United States and cast substantial doubt on the validity of the other. What are the consequences of the ruling?
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 second in a series of Lawfare posts on proposed federal privacy legislation. This piece addresses private rights of action for individuals.
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.