Peter Swire

Professor Jennifer Daskal – senior research fellow at the Cross-Border Data Forum – has been named Deputy General Counsel (Cyber and Technology) at the U.S. Department of Homeland Security (DHS). Her work there will notably include acting as counsel for the Cybersecurity and Infrastructure Security Agency (CISA), as part of her cyber/tech portfolio. Professor Daskal is a prolific scholar, with recent publications including “The Un-Territoriality of Data,” in the Yale Law Journal, and “Borders and Bits,” in the Vanderbilt Law Review. [...]

Introduction When the United States Congress enacted the CLOUD Act in 2018, law enforcement agencies around the world were encouraged that the innovative international agreements envisioned by the legislation would offer a solution to burgeoning difficulties in obtaining access to electronic evidence located in the United States.  Two years later, progress towards that goal has been slow: only one agreement, with the United Kingdom, has been signed, and reservations about this novel type of agreement persist in the privacy and civil [...]

Dr Clarisse Girot of Asian Business Law Institute, Mark Parsons of Hogan Lovells and Olga Ganopolsky of Macquarie Group discuss practical issues and geopolitical sensitives. The decision of the Court of Justice of the European Union (CJEU) in Schrems and Facebook Ireland v Data Protection Commissioner[1] (“Schrems II”) concerns the interpretation of the GDPR as a matter of EU law, but the implications of this ruling are global in their dimensions. [...]

On December 9, 2020, the U.S. Senate Committee on Commerce, Science, and Transportation convened a hearing entitled “The Invalidation of the EU-US Privacy Shield and the Future of Transatlantic Data Flows”. The hearing: Explored policy issues that led to the Court of Justice of the European Union’s invalidation of the Privacy Shield in the Schrems II ruling; Examined the impact of the Schrems II ruling on U.S. businesses engaging in transatlantic digital commerce; and Examined steps that the U.S. Government is taking to [...]

On December 9, 2020, the U.S. Senate Committee on Commerce, Science, and Transportation convened a hearing entitled “The Invalidation of the EU-US Privacy Shield and the Future of Transatlantic Data Flows”. The hearing: Explored policy issues that led to the Court of Justice of the European Union’s invalidation of the Privacy Shield in the Schrems II ruling; Examined the impact of the Schrems II ruling on U.S. businesses engaging in transatlantic digital commerce; and Examined steps that the U.S. Government is taking to [...]

On December 9, 2020, the U.S. Senate Committee on Commerce, Science, and Transportation convened a hearing entitled “The Invalidation of the EU-US Privacy Shield and the Future of Transatlantic Data Flows”. The hearing: Explored policy issues that led to the Court of Justice of the European Union’s invalidation of the EU-US Privacy Shield in the Schrems II ruling; Examined the impact of the Schrems II ruling on U.S. businesses engaging in transatlantic digital commerce; and Examined steps that the U.S. Government is taking [...]