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.

US Effort to Grab Data from Microsoft in Ireland Should Frighten All Firms Using the Cloud Overseas

Jeff Gould by Jeff Gould,
Thursday, August 20, 2015

It appears then that Snowden’s impact on U.S. cloud providers may not be as big as feared – at least not yet. But many CIOs may not realize that other actions by the U.S. government could pose a perhaps equally grave, though subtler, threat to cloud computing. The laws that set the rules for government access to electronic data were largely written in the 1980s. Their application to data stored by enterprise customers on cloud servers is unclear. The rights of customers to contest the government’s actions or even be informed of them are uncertain. But now, a legal battle pitting Microsoft against the Justice Department raises fundamental questions that all CIOs should pay close attention to.

The U.S. Must Lead on Technology Privacy Issues

Julie Anderson by Julie Anderson, AG Strategy Group
Thursday, August 20, 2015

One of the highest-profile cases related to surveillance practices remains unresolved. The Microsoft search warrant case, which was initiated in late 2013, raises a larger question: can a U.S. law enforcement agency compel a U.S. technology provider to turn over digital information that resides in a location outside the U.S.? Current law, the Freedom Act included, does not directly address the essential issues raised in this case, which are weighty enough to merit the attention of presidential candidates and Congress, as well as the Supreme Court. However, the LEADS Act, if passed, would help to clarify the currently murky landscape, by ensuring that policy keeps pace with technology. While the world continues to become more interconnected, geopolitical borders remain significant. A consistent and transparent rule of law regarding cross-border information-sharing must be our North Star.

Making Police Body Cams Work on a Mass Scale (Industry Perspective)

Jeff Gould by Jeff Gould,
Monday, August 17, 2015

The purpose of body-worn cameras is not to fill petabytes and exabytes of disk space in football-field-size data centers. The goal is to improve interactions between the police and the public they serve. To justify its cost, law enforcement agencies must be able to filter through footage quickly and effectively. They need to review it for investigative, training and disciplinary purposes. They need to share it with fellow agencies, prosecutors and defense lawyers. Last but not least, they need to be able to disclose it – at least selectively – to the public and the media. All this will have to happen while guaranteeing chains of custody, ensuring that only authorized users have access, and protecting the privacy of citizens and officers. The fundamental problem that police departments gathering large amounts of video face is that the daily tasks they need to perform with this video are labor-intensive. Searching through thousands of hours of video, transcribing and indexing what is said in them, blurring the faces of citizens or officers to protect their privacy – these tasks are impossible to perform at scale without assistance from powerful automation tools.

Lawful access and personal privacy: It all hinges on international cooperation

Karen Evans by Karen Evans, KE&T Partners
Thursday, August 13, 2015

Microsoft is currently suing the federal government over its attempt to use a domestic warrant to force the company to turn over customer emails in a data center in Ireland. This case represents a significant moment for international cooperation and the global rule of law. And if we, as a country, get this wrong, we will fail to balance individual privacy with national security needs.

Microsoft Search Warrant Case Will Be Privacy Turning Point

Bradley Shear by Bradley Shear, Law Office of Bradley S. Shear
Wednesday, August 12, 2015

In the connected age we live in, some of our time-honored, legal principles have been dramatically affected by advancements in technology, with their intent misinterpreted and framework no longer relevant. Privacy and security are the signal challenges of the new digital age, with ramifications extending from the broad geopolitical and economic down to each and every individual.

An incomplete European cybersecurity agenda

Paul Rosenzweig by Paul Rosenzweig, The Chertoff Group
Wednesday, August 05, 2015

Earlier this year the European Union released its new Agenda on Security. But the agenda, while admirable, is incomplete. It is missing a vital component – reform of the Mutual Legal Assistance Treaty (MLAT) process. Europe’s new security agenda is an excellent first step toward greater EU cooperation in the cyber domain. European nations will work to reduce the barriers to cross-border cybercrime investigations, especially related to jurisdiction and evidence sharing. The agenda also obliges EU institutions to follow through on the 2013 Cybersecurity Strategy. That includes adopting a binding directive on network and information security.

Federal CIOs need to pay attention to European Commission’s investigation into Android

Karen Evans by Karen Evans, KE&T Partners
Monday, August 03, 2015

My goal here is not to rehash what has already been stated, but instead focus on Android and the underlying, lesser-known issues at play for government users. It is important to consider the implications this series of events has on public sector entities. Vendor practices are particularly important for federal CIOs while procuring goods and services, in particular as it relates to “bring-your-own-device” (BYOD) policies.