Other Developments, Further Reading, and Coming Events (13 April 2021)

Other Developments The White House has finally named its nominees to be the first National Cyber Director and the next Cybersecurity and Infrastructure Security Agency (CISA) Director. In a statement, National Security Advisor Jake Sullivan announced that President Joe Biden’s intention “to nominate Chris Inglis as National Cyber Director and Jen Easterly as the Director … Continue reading Other Developments, Further Reading, and Coming Events (13 April 2021)

Wyden Gets DIA To Acknowledge Buying Location Data

Another agency admits to buying and using smartphone location data, using a loophole in the Fourth Amendment. Senator Ron Wyden (D-OR) has again prompted a national security agency to admit it is circumventing the Fourth Amendment bar against unreasonable searches and seizures in the United States (U.S.) However, given the current state of Fourth Amendment … Continue reading Wyden Gets DIA To Acknowledge Buying Location Data

Preview of Senate Democratic Chairs

It’s not clear who will end up where, but new Senate chairs will change focus and agenda of committees and debate over the next two years. With the victories of Senators-elect Rafael Warnock (D-GA) and Jon Ossoff (D-GA), control of the United States Senate will tip to the Democrats once Vice President-elect Kamala Harris (D) … Continue reading Preview of Senate Democratic Chairs

IC Concedes PATRIOT Act Used To Collect Browsing

The top U.S. intelligence official admits the PATRIOT Act has been used to surveil a website and its visitors. This admission could result in a narrowing of FISA to stop this and related practices. In a follow-on letter to correct his previous letter the Director of National Intelligence (DNI) acknowledged the Federal Bureau of Investigation … Continue reading IC Concedes PATRIOT Act Used To Collect Browsing

Privacy Shield Hearing

The focus was on how the U.S. and EU can reach agreement on an arrangement that will not be struck down by the EU’s highest court. Last week, the Senate Commerce, Science, and Transportation Committee held a hearing on the now invalidated European Union (EU)-United States (U.S.) Privacy Shield, a mechanism that allowed companies to … Continue reading Privacy Shield Hearing

EDPB Publishes Schrems II Recommendations; EU Parliament Issues Draft SCC Revisions

The EU takes steps to respond to the CJEU’s striking down of the EU-US Privacy Shield by augmenting SCCs and other transfer mechanisms. The European Data Protection Board (EDPB) published recommendations for entities exporting and importing the personal data of European Union (EU) residents in light of the court decision striking down the adequacy decision … Continue reading EDPB Publishes Schrems II Recommendations; EU Parliament Issues Draft SCC Revisions

Schrems II Guidance

The agency that oversees the data protection of EU agencies has laid out its view on how they should comply with the GDPR after the EU-US Privacy Shield. The European Data Protection Supervisor (EDPS) has published a strategy detailing how European Union (EU) agencies and bodies should comply with the Court of Justice of the … Continue reading Schrems II Guidance

CJEU Puts Limits On Electronic Communications Surveillance

The EU’s highest court rules against three nations that tried to require that communications providers  hand over location data and traffic data in bulk. The Court of Justice of the European Union (CJEU) handed down a pair of rulings (here and here) on the extent to which European Union (EU) nations may engage in bulk, … Continue reading CJEU Puts Limits On Electronic Communications Surveillance

Commerce White Paper on Schrems II

The U.S. tries to lay out the reasons why data can still be transferred from the EU The Trump Administration has released a crib sheet they are hoping United States (U.S.) multinationals will have success in using to argue to data protection authorities (DPA) in the European Union that their Standard Contractual Clauses (SCC) and … Continue reading Commerce White Paper on Schrems II

Further Reading, Other Developments, and Coming Events (18 September)

Coming Events The United States’ Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) announced that its third annual National Cybersecurity Summit “will be held virtually as a series of webinars every Wednesday for four weeks beginning September 16 and ending October 7:”September 16: Key Cyber InsightsSeptember 23: Leading the Digital TransformationSeptember 30: … Continue reading Further Reading, Other Developments, and Coming Events (18 September)