The European Commission's recently released Data Act is a sweeping proposal to regulate markets for non-personal data with significant consequences for U.S. companies.
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U.S. government access to at least some private market data—and the limiting of foreign access to this same information—is essential for national security.
An analysis of the federal and state judgments applying Carpenter illuminates both the present state of the law and the paths along which it will likely continue to develop.
Modern Day General Warrants and the Challenge of Protecting Third-Party Privacy Rights in Mass, Suspicionless Searches of Consumer Databases
Today, more than ever, law enforcement has access to massive amounts of consumer data that allow police to, essentially, pluck a suspect out of thin air. Internet service providers and third parties collect and aggregate precise location data generated by our devices and their apps, making it possible for law enforcement to easily determine everyone who was in a given area during a given time period.
Late on Friday, Apple stated that it would postpone its plans to deploy a system that scanned images on iPhones for child sexual abuse material (CSAM).
Apple’s efforts, though commendable, raise as many questions as they answer.
The trend underscores the broader threats posed by the unregulated data brokerage ecosystem to civil rights and national security.
President Biden’s June 15 summit meeting in Brussels with EU leadership put cooperation on technology and trade at the forefront of the transatlantic relationship, but it did not yield a breakthrough in the ongoing negotiations to restore data transfers from Europe to the United States to a stable and durable footing.
The Privacy Act of 1974 is an orphan. At a time when privacy is a hot legislative topic just about everywhere, almost no one has examined the Privacy Act, one of the oldest information privacy laws in the world. The act reflects the technologies of the 1970s, like ancient mainframe computers (that had less computer power than your smartphone) and filing cabinets filled with paper records—it’s that old.
The digital apps can be effective in curbing coronavirus spread—but not everyone will benefit from them.