Peter Swire

In the IAPP article Announcing the new Cross-Border Data Forum, Professors Christakis, Daskal, and Swire introduce the Cross-Border Data Forum. The article explains the aims and role of the CBDF, including its four announced goals: [...]

In their IAPP article The Globalization of Criminal Evidence, Professors Christakis, Daskal, and Swire explain how the rise of cloud computing has led to “more than half of all investigation involv[ing] a cross-border request to access [electronic] evidence,” according to a 2018 report by the European Commission. The article examines how this globalization of criminal evidence is driving historic changes in the rules for law enforcement access to electronic communications and other records consistent with privacy and human rights protections. [...]

In their Lawfare article Recommendations for the Potential U.S.-U.K. Executive Agreement Under the Cloud Act, Peter Swire and Justin Hemmings discuss potential issues with such an agreement.  The article explains key points for the Justice Department and Congress to consider if an agreement is presented for consideration on the Hill, and seeks to provide concrete and workable measures to ensure that any U.S./U.K. conforms to both the statutory requirements of the Cloud Act and good public policy. [...]

In their Lawfare article A Possible EU-US Agreement on Law Enforcement Access to Data?, Daskal and Swire explain the current negotiations between the EU and the U.S. concerning the Cloud Act and the proposed EU “E-Evidence” Regulation. The article discusses key U.S. and EU legal issues that would need to be addressed in any EU/U.S. agreement, notably including how competence is shared for relevant issues between the EU and its Member States. [...]