Peter Swire

Posted on February 1, 2023
Peter Swire

LAWFARE – The U.N. Cybercrime Convention Should Not Become a Tool for Political Control or the Watering Down of Human Rights

CBDF Senior Fellow Karine Bannelier shares some key takeaways from the current round of U.N. cybercrime convention negotiations. [...]

Posted on January 11, 2023
Peter Swire

LAWFARE – Gentlemen’s Rules for Reading Each Other’s Mail: The New OECD Principles on Government Access to Personal Data Held by Private Sector Entities

The recent OECD declaration demonstrates the surprising degree of commonality in data access safeguards applied by developed democracies’ national security and law enforcement agencies. [...]

Posted on January 6, 2023
Peter Swire

What is ‘Data’? Definitions in International Legal Instruments on Data Protection, Cross-Border Access to Data & Electronic Evidence

Karine Bannelier and Anaïs Trotry discuss the definitions of "data" as evidenced in international legal instruments to date. [...]

Posted on November 29, 2022
Peter Swire

A Strategic Transatlantic Partnership? Opportunities and Hurdles for EU-US Regulatory Cooperation in the Digital Sphere

A wide range of mechanisms can be used to promote transatlantic regulatory cooperation in the digital sphere. [...]

Posted on October 24, 2022
Peter Swire

The redress mechanism in the Privacy Shield successor: On the independence and effective powers of the DPRC

This article focuses on specific aspects of the signals intelligence redress mechanism established by U.S. legal reforms. [...]

Posted on September 30, 2022
Peter Swire

Government Access to Records Held in the Private Sector – Why Variations in the Role of “Government” Could Be Important

The globalization of criminal evidence has increased the need to develop data access and request mechanisms such as the OECD process on Government Access to Data Held in the Private Sector. The development of such mechanisms could benefit from a per-jurisdiction analysis of variations in expectations for government vs. private sector responsibilities when it comes to the management and scrutiny of such data requests. [...]