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.

EDPB Issues FAQs On Privacy Shield Decision

While the EDPB does not provide absolute answers on how US entities looking to transfer EU personal data should proceed, the agencies provide their best thinking on what the path forward looks like. First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates … Continue reading EDPB Issues FAQs On Privacy Shield Decision

House Action On FISA Fizzles; A Conference Committee Is Requested

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

Senate Amends FISA Reauthorization; Bill Goes Back To House

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