Cross-Border Data Forum Bannner


Jennifer Daskal

The world’s first cybercrime treaty is undergoing an update.  When the Budapest Convention was drafted approximately 20 years ago, the treaty focused on harmonizing laws and increasing cooperation across borders so that a range of cybercrime, such as a denial of service attack or the release of a computer virus, could be prosecuted in the multiple countries affected.  It was written before the exponential growth in Internet usage, the development of cloud computing, and the digitalization of just about every [...]
Professor Jennifer Daskal’s Just Security article Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement responds to Albert Gidari’s criticisms of the wiretapping provisions in the US-UK CLOUD Act Agreement.  Gidari’s article accurately describes the possibility that U.S.-ordered wiretaps can be used to listen to conversations of individuals located outside the territorial borders of the U.S., subject to heightened substantive and procedural requirements that govern the issuance of wiretaps by U.S. authorities.  Daskal’s article points out that the [...]
Professors Jennifer Daskal and Peter Swire’s article The U.K.-U.S. CLOUD Act Agreement Is Finally Here, Containing New Safeguards examines the long-awaited data-sharing agreement and the first of the executive agreements envisioned by the CLOUD Act.  The article assesses what’s new about the agreement; what’s surprising; and why—despite the critics—the authors continue to view these agreements as positive developments that protect privacy and civil liberties, accommodate divergent norms across borders, and respond to the reality that digital evidence critical even to [...]
In her Yale Law Journal Online article Privacy and Security Across Borders, Daskal analyzes the impetus and results of three recent initiatives for law enforcement access to data: the U.S. Cloud Act; the EU E-Evidence proposal; and recent Australian legislation. The article highlights these initiatives’ promise and limits, and offers a way forward. Daskal explains that there is, on the one hand, the risk of governments demanding access to all information anywhere and everywhere, in ways that will almost certainly [...]