The Transatlantic Data War thumbnail

The Transatlantic Data War

Last October, the European Court of Justice struck down the Safe Harbor agreement, a 15-year-old transatlantic arrangement that permitted U.S. companies to transfer data, such as people’s Google-search histories, outside the EU. In invalidating the agreement, the ECJ found that the blurry relationship between private-sector data collection and national security in the United States violates the privacy rights of EU citizens whose data travel overseas. The decision leaves U.S. technology companies with extensive international operations on shaky legal ground.

| Foreign Affairs
Shifting Privacy Landscape and the Need for Congressional Reform thumbnail

Shifting Privacy Landscape and the Need for Congressional Reform

The invalidation of the U.S.-EU Safe Harbor agreement by the EU Court of Justice demonstrates the EU’s loss of faith in U.S. government privacy practices and the most recent tectonic shift in tech. In many ways, this decision is the latest consequence of Edward Snowden’s actions, which, for better or for worse, dramatically changed the way tech companies and citizens think about privacy.

| The Hill
Access to Data Must Be Governed by Modern Law — Why Congress Must Act thumbnail

Access to Data Must Be Governed by Modern Law — Why Congress Must Act

Antiquated and outdated are words I hear too often when someone describes the federal government’s approach to information technology — or the corresponding laws and policies governing its implementation. During my nearly 27 years of public service, it was clear that the government’s response to new technology was often delayed by the challenges of reconciling new technology with existing law.

Under my thumb: Governments grapple with law enforcement in the virtual world thumbnail

Under my thumb: Governments grapple with law enforcement in the virtual world

IF FBI agents equipped with an American search warrant broke into a safetydeposit box owned by an American firm in Dublin to seize letters that might help catch a drug-dealer, it would provoke uproar. But that is essentially what the FBI wants to be able to do in the virtual realm.

| The Economist
The $98.6 Billion E-Mail thumbnail

The $98.6 Billion E-Mail

Since December 2013, Microsoft has been engaged in a pivotal battle with the U.S. government over e-mail stored on one of its company servers in Ireland. The government’s attorneys say the U.S. simply wants evidence linked to a narcotics case. Microsoft says if it loses the case, the consequences will resound well beyond the fate of an alleged drug dealer.

| Bloomberg
Microsoft Case: DoJ Says It Can Demand Every Email From Any US-based Provider thumbnail

Microsoft Case: DoJ Says It Can Demand Every Email From Any US-based Provider

Microsoft contends that the DoJ has exceeded its authority with potentially dangerous consequences. Organizations including Apple, the government of Ireland, Fox News, NPR and the Guardian have filed amicus briefs with the court, arguing the case could set a precedent for governments around the world to seize information held in the cloud. Judges have ruled against the tech company twice.

| The Guardian