The U.S. and Australia are currently negotiating an executive agreement under the U.S. CLOUD Act. The pending Australian ‘Telecommunications Legislation Amendment (International Production Orders) Bill 2020’ (the ‘Bill’) is designed – amongst other things – […]

Peter Swire and Justin Hemmings’ article Overcoming Constitutional Objections to the CLOUD Act assesses potential facial and as-applied constitutional challenges to the CLOUD Act under the Fourth Amendment. The authors argue that – without a […]

Prof. Peter Swire’s Lawfare Blog article “Foreign Intelligence and Other Issues in the Initial Opinion in Schrems II,” reviews the Dec. 19 initial opinion from Advocate General Henrik Saugmandsgaard Øe. In his article, Swire provides […]