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Peter Swire

Following the invalidation of the U.S.-EU Privacy Shield by the Court of Justice of the European Union (CJEU), Kenneth Propp and Peter Swire’s article ‘After Schrems II: A Proposal to Meet the Individual Redress Challenge’ argues that the core fundamental rights concerns expressed by the CJEU must be addressed in order for the U.S. and the EU to negotiate a replacement agreement. In particular, the article makes a preliminary proposal to address CJEU concerns that U.S. surveillance law safeguards lack [...]
Last fall, the United Kingdom and United States announced the first executive agreement under the CLOUD Act.  The 180 days for Congress to disapprove the agreement expired on July 8, without the House or the Senate holding public hearings or taking any formal action on the agreement.  According to a July 16 interview with the U.S. Department of Justice, the agreement will take effect after an exchange of diplomatic notes, which has not yet occurred. The Cross-Border Data Forum, with [...]
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 – to bring Australian law in line with the U.S. CLOUD Act’s requirements and to provide a legal basis for an executive agreement to enter into effect. Such an executive agreement is anticipated to be similar to the one which has already been agreed between the [...]
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 strong fact pattern for plaintiffs - it would appear difficult to overturn the CLOUD Act on Fourth Amendment grounds. [...]