Cross-Border Data Forum Bannner
Professor Jennifer Daskal’s Just Security article Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement responds to Albert Gidari’s criticisms of the wiretapping provisions in the US-UK CLOUD Act Agreement.  Gidari’s article accurately describes the possibility that U.S.-ordered wiretaps can be used to listen to conversations of individuals located outside the territorial borders of the U.S., subject to heightened substantive and procedural requirements that govern the issuance of wiretaps by U.S. authorities.  Daskal’s article points out that the [...]
The European Law Blog has published Prof. Theodore Christakis’s report from the September 25, 2019 academic workshop “E-Evidence: The Way Forward,” that was held in Brussels by the Grenoble Alpes Data Institute in cooperation with the Cross-Border Data Forum and Microsoft.  The workshop included academics well known for their work on privacy, data protection, and criminal law from several countries.  Also participating were representatives of the European Parliament involved with the LIBE Committee’s work on E-Evidence, including MEP and Rapporteur [...]
This paper addresses an important practical topic – when does the EU General Data Protection Regulation (GDPR) act as a “blocking statute,” to prohibit transfers of personal data in response to requests by non-EU law enforcement agencies? Since the GDPR went into effect in 2018, there has been considerable discussion of this issue, most notably when there is a request from US law enforcement for emails and other records held by Internet and Cloud Service Providers. [...]