President Trump recently nominated Travis LeBlanc and Aditya Bamzai as members of the Privacy and Civil Liberties Oversight Board (PCLOB), placing a full set of five nominees before the Senate and creating the possibility that the inquorate body could soon be revived. (A quorum requires three members; since early 2017, the body’s only member has been Elisabeth Collins.) This would be a welcome change.
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On May 25, the European General Data Protection Regulation becomes law in all EU member states, repealing and replacing the EU Data Protection Directive. The GDPR aims to harmonize data-protection standards for digital personal data across Europe. However, while companies and regulators are scrambling to comply with the regulations by this date, this week is hardly the finish line.
There is that classic joke about the difference between an optimist and a pessimist—an experiment in which two children are put in a room to play. The pessimist enters a room full of toys and sits there wailing disconsolately, saying, “Something is going to break.” The optimist enters a room piled high with horse manure and begins rummaging through it enthusiastically, because, “With all this shit, I know there’s got to be a pony somewhere!”
The White House announced two nominations Tuesday for positions on the Privacy and Civil Liberties Oversight Board (PCLOB). Pending confirmation, Jane Nitze and Ed Felten would join Adam Klein, whom the president nominated to chair the board in August.
I have blogged a lot over the last two years on the pending case of United States v. Microsoft, the case on whether Microsoft must comply with a search warrant for foreign-stored e-mails. With oral argument scheduled for next Tuesday, I thought I would add a few final thoughts before we finally get a sense of where the Justices might be.
As 2017 (finally) comes to an end, we’re looking back on an eventful year.
The Microsoft warrant case in the Supreme Court involves a demand by the U.S. government that Microsoft repatriate content data stored in a data center in Ireland and provide it to DOJ. The case raises a number of deeply interesting and complex issues about law enforcement cooperation; extraterritoriality of Ameican law; commercial matters; data privacy concerns; and implications for reciprocal sovereignity in a digitized world. Along with many far more notable former officials, I joined an amicus brief filed the other day in support of neither party. Here's a copy:
As the Supreme Court begins its formal consideration of the Carpenter case, it seems useful to me to finally take up the challenge that my friend, Orin Kerr, has often laid down -- he asks why nobody is defending the mosaic theory? So let me do it in this (rather lenghty) post.
On Oct. 18, the European Commission (EC) released its report on the first annual review of the EU-U.S. Privacy Shield framework, the agreement that ensures privacy protections for cross-border transfers of European data, or data concerning European individuals, to the United States.
When Tim Edgar told his ACLU colleagues in early 2006 that he’d be leaving the organization to join the Office of the Director of National Intelligence, our reactions ranged from mute astonishment to outright dismay. It’s not at all uncommon for ACLU lawyers to go work in government. But to join the intelligence community during the Bush administration – the same gang that had brought us warrantless wiretapping, extraordinary rendition, and abusive watchlists – was really climbing into the belly of the beast.