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 [...]

CBDF Senior Fellows Théodore Christakis and Jennifer Daskal, and CBDF Research Director Peter Swire have published extensively in the immediate aftermath of the Court of Justice of the European Union’s decision in Schrems II. This post highlights six items from the first week following one of the most important decisions about cross-border data flows to date: [...]

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 [...]

How do African law enforcement authorities access African data held by US companies for the purpose of legitimate criminal investigations? How―and to what extent― can African countries benefit from the cross-border data access reform initiatives emerging in Europe and the US? How should African stakeholders approach the internet’s increasing cross-border legal challenges? These are some of the questions raised at one of the sessions of the recent virtual conference hosted by the Internet & Jurisdiction Policy Network (I&J) in partnership [...]