Latest in Privacy

Data Protection

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. 

The Cyberlaw Podcast

The Cyberlaw Podcast: Henry Kissinger and Michael Daniel on How To Be a Cyber Czar

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.

The Cyberlaw Podcast

The Cyberlaw Podcast: The Privacy and Europocrisy Oversight Board

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.

Privacy

Preemption: A Balanced National Approach to Protecting All Americans’ Privacy

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.

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