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)

Further Reading, Other Developments, and Coming Events (7 September)

Here is today’s Further Reading, Other Developments, and Coming Events. Coming Events The United States-China Economic and Security Review Commission will hold a hearing on 9 September on "U.S.-China Relations in 2020: Enduring Problems and Emerging Challenges” to “evaluate key developments in China's economy, military capabilities, and foreign relations, during 2020.”On 10 September, the General … Continue reading Further Reading, Other Developments, and Coming Events (7 September)

Pending Legislation In U.S. Congress, Part I: FY 2021 NDAA and FISA Reauthorization

Normally, a FISA reauthorization would be considered must pass like an NDAA, but this year may be different.    As Congress returns from an eventful summer recess, it is possible technology focused and related legislation is passed or advances towards passage before the body leaves Washington in late September. However, it is just as likely, possibly … Continue reading Pending Legislation In U.S. Congress, Part I: FY 2021 NDAA and FISA Reauthorization

National Privacy Legislation Stalled in U.S.

The chances for U.S. privacy legislation are worse now than they were before the pandemic.  However, there may be some decision points approaching.      A few weeks into the traditional August recess, Congress is no closer to enacting federal privacy legislation than before the pandemic. In fact, such legislation may be further from being sent … Continue reading National Privacy Legislation Stalled in U.S.