In her Yale Law Journal Online article Privacy and Security Across Borders, Daskal analyzes the impetus and results of three recent initiatives for law enforcement access to data: the U.S. Cloud Act; the EU E-Evidence proposal; and recent Australian legislation. The article highlights these initiatives’ promise and limits, and offers a way forward. Daskal explains that there is, on the one hand, the risk of governments demanding access to all information anywhere and everywhere, in ways that will almost certainly result in reduced cybersecurity, privacy, and civil liberties for all. On the other hand, there is a unique opportunity to set baseline standards and clear jurisdictional rules—thereby facilitating law-enforcement access while also protecting, and ideally elevating, speech, privacy, and other rights protections in the process.
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