Posted on June 7, 2022
BY Kenneth Propp

LAWFARE – Has the Time for an EU-U.S. Agreement on E-Evidence Come and Gone?

Four years have passed since the United States and the European Union set out to design an improved mechanism for transatlantic e-evidence transfers, but minimal progress has been made. While the United States enacted the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), a parallel EU effort to pass a uniform E-Evidence Regulation remains stalled due to disagreements primarily over individual privacy rights. In the absence of EU legislation, transatlantic negotiations have stalled. [...]

Posted on May 11, 2022
BY Kenneth Propp

The EU’s Proposed Data Act: Regulating International Flows of Non-Personal Data

This piece was originally published by about:intel and is reprinted here with the permission of same. Two years after the European Commission released an omnibus Data Strategy, it has proposed the Data Act, the last major component of its legislative plans to reshape Europe’s digital economy. The Data Act is intended to stimulate the re-use of data generated by the burgeoning number of connected or ‘smart’ products and services that transmit information back to manufacturers and service providers. The Act would [...]

Posted on April 11, 2022
BY DeBrae Kennedy-Mayo and Peter Swire

Atlantic Council Issues Report Urging U.S. and India to Discuss Cross-Border Data Flows as Part of Trade Talks

This post examines a report issued in March 2022 by the Atlantic Council entitled, “Trading in U.S.-India Data Flows: Prospects for Cooperation in U.S.-India Data Policy.” Noting the opportunity created by the reconvening of the U.S.-India Trade Policy Forum (TPF), this report urges the Biden administration and the Modi government to pursue cooperation on cross-border data flows. [...]

Posted on March 24, 2022
BY Peter Swire and DeBrae Kennedy-Mayo

Why Data Localization Has Harmful Effects on Cybersecurity

In the paper entitled The Effects of Data Localization on Cybersecurity, CBDF Research Director Peter Swire and CBDF Senior Fellow DeBrae Kennedy-Mayo provide the first systematic examination of the effects of data localization laws on cybersecurity. The authors focus on the effects of “hard” data localization, where transfer of data is prohibited to other countries. The discussion includes both de jure and de facto effects, including China’s explicit laws, recent enforcement actions in the European Union, and proposed privacy legislation [...]