Cross-Border Data Forum Bannner
While Europe worried about the United States flipping a “kill switch” on digital services, they accidentally triggered their own.
Berlin’s DPA asked Apple and Google —via DSA Article 16—to delist the DeepSeek app over alleged GDPR-breaching data transfers to China. This article explains why that route is shaky, why Chapter V doesn’t apply, and proposes a two-track framework for proportionate enforcement.
Writing in his personal capacity, Peter Swire filed an amicus brief in the case concerning the independence of members of the Privacy and Civil Liberties Oversight Board (PCLOB).
,
As the Trump Administration and Congress increasingly express concern about a reported effort by the United Kingdom to compel Apple to globally disable a security feature of one of its cloud services, attention has turned to addressing the resulting cybersecurity risks. 
,
These Frequently Asked Questions (FAQs) update FAQs from 2019 to further address the meaning and implications of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act).
After more than two years in effect, the U.K.-U.S. Data Access Agreement (an “e-evidence agreement” enabled by the U.S. Clarifying Lawful Overseas Use of Data (CLOUD) Act) has proved a game-changer for the United Kingdom’s law enforcement agencies, which have made tens of thousands of real-time intercept requests directly to U.S. service providers. U.S. law enforcement agencies have made much more limited use of the agreement, primarily because little of the investigative data they need is held by U.K. providers.  The U.S. Department of Justice also has expressed muted disappointment with aspects of U.K. implementation. This article, by U.S. and U.K. ex-government officials, explores the reasons behind this initial experience.