The agreement that has been allowing US companies to transfer the personal data of EU residents to the US was found to be invalid under EU law. The EU’s highest court seem to indicate standard contractual clauses, a frequently used means to transfer data, may be acceptable. First things first, if you would like to … Continue reading Europe’s Highest Court Strikes Down Privacy Shield
First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates from 2019 and 2020 here. Despite House Democratic leadership’s plans to pass the Foreign Intelligence Surveillance Act (FISA) reauthorization the Senate sent back to the House earlier this month, plans for a vote … Continue reading House Action On FISA Fizzles; A Conference Committee Is Requested
A bill to renew three lapsed surveillance provisions was changed during debate, and it is unclear when the House would take up the bill. First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates from 2019 and 2020 here. The Senate sent … Continue reading Senate Amends FISA Reauthorization; Bill Goes Back To House
The Department of Justice’s (DOJ) Office of the Inspector General (OIG) issued another report critical of how the Federal Bureau of Investigation (FBI) has complied with requirements for submitting applications to Foreign Intelligence Surveillance Courts under the Foreign Intelligence Surveillance Act (FISA). Like the previous report in December 2019 investigating the FISA process that led … Continue reading OIG Finds More Flaws in FBI FISA Process
Last week, the House passed the “USA FREEDOM Reauthorization Act of 2020” (H.R. 6172) by a 278-136 vote, a bill to reauthorize three expiring Foreign Intelligence Surveillance Act (FISA) provisions used by the National Security Agency (NSA) primarily to conduct surveillance: the business records exception, roving wiretaps, and the “lone wolf” provision. However, the Senate … Continue reading House Passes FISA Reauthorization; Senate To Vote Today
A U.S. District Court held that U.S. Customs and Border Protection (CPB) and U.S. Immigration and Customs Enforcement’s (ICE) current practices for searches of smartphones and computers at the U.S. border are unconstitutional and the agency must have reasonable suspicion before conducting such a search. However, the Court declined the plaintiffs’ request that the information … Continue reading Federal Court Rules Against Suspicionless Searches At Border and In Airports
Michael Kans 