Cross-Border Data Forum Bannner

CURRENT POSTS

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CLOUD Act agreements have tremendous potential, alongside other diplomatic mechanisms, to facilitate legitimate investigations that require cross-border electronic evidence collection without sacrificing human rights and liberties. To get closer to that potential, a series of knobs and levers should help guide future negotiations, since a one-size-fits-all approach would unnecessarily constrain the CLOUD Act’s reach.
In a major policy shift, the U.S. government is imposing restrictions on certain transfers of personal data to specified authoritarian countries, including Russia and China.
This paper examines the text of the “Protecting Americans’ Data from Foreign Adversaries Act of 2024.” PADFAA contains a number of novel definitions for terms such as “data broker” and “controlled by a foreign adversary” (“CBFA”).
Author Chloé Sandoli provides an English-language, annotated bibliography on key Brazilian laws, regulatory frameworks and cases in the areas of data protection, government access and cybersecurity.
Peter Swire discusses the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) for The Conversation.