Sunken Safe Harbor: 5 Implications of Schrems and US-EU Data Transfer

Daniel J. Solove by Daniel Solove, TeachPrivacy
Tuesday, October 06, 2015

Beyond this holding that a country has the power to disregard Safe Harbor and make its independent adequacy findings, the ECJ declared Safe Harbor to be invalid. The main reason for the invalidity of Safe Harbor is the failure of US law to provide adequate limitations and redress from government surveillance, especially NSA surveillance. In particular, the ECJ was troubled by the fact the NSA could engage in massive surveillance and that US courts had failed to provide a way for people to challenge that surveillance. Essentially, the ECJ held that because the NSA's surveillance is virtually unstoppable, the Safe Habor cannot guarantee an adequate level of protection.

Opinion: The troubling rise of Internet borders

Paul Rosenzweig by Paul Rosenzweig, The Chertoff Group
Monday, October 05, 2015

Something is rotten at the core of our conception of Internet governance. Almost unnoticed, nations are trying to impose – often successfully – sovereign borders and legal demands on a digital realm that is inherently borderless. Left unchecked, this instinct to create sovereign barriers risks fracturing the Web in ways that will jeopardize its economic, political, and social utility.

Should the U.S. Play By Different Rules in Cyberspace?

Daniel J. Solove by Daniel Solove, TeachPrivacy
Thursday, September 24, 2015

If a U.S. statute can be used to obtain data on a server in another country, other countries will likely want to use their own statutes to obtain data on U.S. servers. The statutes in these other countries might be far less protective than U.S. laws. The statutes might be passed by far less democratic means. At the hearing, there was an interesting exchange. Judge Carney asked the Assistant United States Attorney (AUSA): “Therefore a German court requiring disclosure of a provider in Germany, regardless of where its servers are kept or who it's providing service to, can require the disclosure to happen there and U.S. customers or users can be affected but it should be of no concern to us. Is that right?”

These Are the Police Body Camera Questions State and Local Stakeholders Must Address Quickly

H. Bryan Cunningham by Bryan Cunningham, Cunningham Levy LLP
Sunday, September 20, 2015

This series of articles will address what we see as the most important and time-sensitive of issues that police departments, prosecutors and political authorities need to address. First, the right stakeholders must be involved in deciding such issues, including, at a minimum: police officers, chiefs and sheriffs, prosecutors, defense counsel, law-enforcement unions, privacy and civil liberties advocates, the judiciary, and the media.

Time Has Come to Reform Laws Governing Law Enforcement Access to Data

Paul Rosenzweig by Paul Rosenzweig, The Chertoff Group
Friday, September 18, 2015

Rules written for a time when smartphones and tablets didn’t even exist are hopelessly out of date in today’s world. It is time, and well past time, for Congress to begin the process of bringing federal electronic evidence-gathering law into the 21st century.

U.S. Dept. Of Justice v. Microsoft: The Fight For Digital Privacy

Bradley Shear by Bradley Shear, Law Office of Bradley S. Shear
Monday, September 07, 2015

Last week, the U.S.government issued new guidance regarding when and how federal law enforcement may deploy cell phone site simulators (i.e. stingray technology) that collect consumer mobile phone/digital device data. In general, the U.S. Department of Justice (DOJ) will now require federal officials obtain a warrant to deploy these technologies and utilize the data collected. This change in policy signals that the U.S. government is beginning to understand that it must create reasonable rules and procedures regarding the collection and usage of digital evidence that adheres to the principles of the Fourth Amendment.

The IACP’s cloud computing principles address new data collection technologies

Paul Rosenzweig by Paul Rosenzweig, The Chertoff Group
Tuesday, September 01, 2015

The International Association of Chiefs of Police (IACP) recent update of the group’s cloud computing principles fits in with findings from recent Penton E-surveys of local government officials. GPN reached out to Paul Rosenzweig, senior advisor to the Washington, D.C.-based Chertoff Group, for his views on local government technology and the IACP principles.

Seeking Solutions to Cross-Border Data Realities

H. Bryan CunninghamPaul Rosenzweig by Bryan Cunningham, Cunningham Levy LLP
Paul Rosenzweig, The Chertoff Group
Friday, August 28, 2015

In this interview with The Cybersecurity Law Report, Bryan Cunningham and Paul Rosenzweig discuss myriad issues in transferring digital data across nations that have different privacy regimes, potential solutions, and their take on pending cases that could change how companies handle data.

National Self-Interest And The Coming Internet Crack-Up

Michael Chertoff by Michael Chertoff, Chertoff Group
Friday, August 21, 2015

The singular characteristic that defines the cyber network is its universality. If we are not careful, however, that principle of universality will soon come to an end. National self-interest has us rushing headlong to the establishment of sovereign “borders” and jurisdictional limits across the cyber-globe that will fracture the network into multiple, overlapping, competing parts. And that, in turn, will come at a great cost to personal freedom, economic productivity and social development.

US-EU standards must be harmonized to advance accessibility

Julie Anderson by Julie Anderson, AG Strategy Group
Friday, August 21, 2015

Making technology accessible to persons with disabilities is a critical issue to which we need to play closer attention. Within the government, the issue often falls on a federal chief information officers' long list of to-dos, rather than being a central focus. While recognizing that federal CIOs have a broad set of responsibilities and that there are many critical issues that they manage, we must place a focused eye on whether the issue of accessibility is getting the attention it should.