Lani Cossette

Posted on November 27, 2023
Lani Cossette

In the Shadow of the European Court of Justice: The Luxembourg Conference on Transatlantic Data Transfers

In a recent article in the European Law Blog, Ken Propp discusses the legal and judicial landscape evolving in response to the conclusion of the EU-U.S. Data Privacy Framework (DPF). [...]

Posted on November 20, 2023
Lani Cossette

LAWFARE – CHINA GAINS AS U.S. ABANDONS DIGITAL POLICY NEGOTIATIONS

The future of U.S. global digital policy hangs in the balance following a shock decision by the office of the United States Trade Representative (USTR) that the United States no longer supports provisions that protect cross-border data flows, prohibit forced data localization, safeguard source code, and prohibit countries from discriminating against digital products in the World Trade Organization (WTO). [...]

Posted on October 25, 2023
Lani Cossette

Video and Comments on “Rationalizing U.S. Cross-Border Data Policy Across the EU, China, and Global CBPRs”

On October 4, the Cross-Border Data Forum (CBDF) hosted an in-person and videotaped event on “Rationalizing U.S. Cross-Border Data Policy Across the EU, China, and Global CBPRs.” [...]

Posted on August 31, 2023
Lani Cossette

LAWFARE – Revenge or Reciprocity: The U.S.’ review of Europe’s Sigint Safeguards

From being judged to judging, the U.S.’s review of European signals intelligence collection could encourage rule-of-law coherence. [...]

Posted on July 25, 2023
Lani Cossette

A guide to the attorney general’s finding of ‘reciprocal’ privacy protections in EU

Peter Swire discusses the final pieces that fell into place to implement the EU-U.S. Data Privacy Framework (DPF). [...]

Posted on July 11, 2023
Lani Cossette

Oceans Apart: The EU and US Cybersecurity Certification Standards for Cloud Services

While EUCS may—over time—spur the growth of European CSPs and increase uniformity among cybersecurity standards across the continent, the imposition of digital sovereignty requirements (localization and foreign law immunity) would impose substantial costs on CSP users in Europe, at least in the medium-term. At a minimum, such an approach should be subjected to a public consultation process and full impact assessment that would fully explore the potential costs, as advocated by several member states, including the Netherlands. [...]