Peter Swire

For the full article posted today on the European Law Blog, click here. Can the U.S. Government create, by non-statutory means, an independent redress authority capable of providing an effective remedy for a European person who believes that her or his rights have been infringed by an intelligence service? In this article we put forward a novel non-statutory solution that could resolve the “redress” problem in the EU/US adequacy negotiations. This solution is based on three “building blocks” inspired by methods [...]

Must the U.S. Congress change statutory law to solve the major issue of “redress” in the EU-US adequacy negotiations? This is a crucial question, especially since a series of political, pragmatic and even legal/constitutional difficulties mean that the U.S. might not be able to come up with a short-term statutory solution for redress. In this article we analyse this question for the first time in detail, and argue that, provided the U.S. is able to address the deficiencies highlighted by [...]

In the IAPP piece New EU data blockage as German court would ban many cookie management providers, Dan Felz and Peter Swire examine the potential EU-wide impacts of a Wiesbaden court decision prohibiting a cookie management provider from utilizing a U.S.-based service to collect data, regardless of whether such data had ever actually been transferred out of the EU. Although the decision was made at the interim injunction stage and could thus be modified if the case proceeds to trial, its [...]

In the Monday, December 20th Lawfare article titled Towards OECD Principles for Government Access to Data: Can Democracies Show the Way?, Theodore Christakis, Kenneth Propp and Peter Swire discuss the role that democracies can play in establishing trusted international standards for cross-border data flows.  Drawing upon documents made available by the Organization for Economic Cooperation and Development (OECD) as well as interviews conducted by the team with governments, institutions, corporate bodies and academic thought leaders in the field, the authors [...]