Cross-Border Data Requests
12 Articles

KBR v. SFO: the United Kingdom’s Microsoft Ireland?
U.K. law enforcement agencies lack power to compel foreign companies to hand over overseas data. What does the decision mean for data sharing?

The UK-US CLOUD Act Agreement Is Finally Here, Containing New Safeguards
Editor’s note: This piece is cross-posted at Lawfare. On Oct. 7, the United Kingdom and the United States released the text of the long-awaited data-sharing agreement—the…

A Possible US-EU Agreement on Law Enforcement Access to Data?
[Cross-posted on Lawfare] Attorney General Jeff Sessions is scheduled to fly to Sofia, Bulgaria for a May 22 meeting with senior European law enforcement officials. In the wake…

In the U.S.-U.K. Deal, Both Sides Deserve Scrutiny
We recently published an analysis in Lawfare of the United Kingdom’s surveillance framework as it relates to the proposed U.S.-U.K. agreement for cross-border law enforcement…

National Security-Related Congressional Hearings, May 8-May 12
Monday, May 8 2:30pm – Senate Judiciary Committee – Russian Interference in the 2016 United States Election (here) Tuesday, May 9 9:30am – Senate Committee on Armed Services…

The Dangerous Implications of the Microsoft Ireland Case
Yesterday evening, the government filed its petition for rehearing or rehearing en banc in the Microsoft Ireland case. Throughout the brief, the government warns of both the…

To Privacy Rights Advocates: Embrace DOJ’s Cross-Border Data Proposal
In a lengthy post yesterday, Greg Nojeim and Ross Shulman take aim at the newly proposed legislation from DOJ that would permit the cross-border sharing of data for law enforcement…

The Microsoft Ireland Case and the Future of Digital Privacy
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…

House Judiciary Committee Hearing Tomorrow: Law Enforcement Access to Data Across Borders
Tomorrow, the House Judiciary Committee will be holding a “Hearing on International Conflicts of Law Concerning Border Data Flow and Law Enforcement Requests” — an issue…

MLAT Reform and the 80 Percent Solution
Last week, The Washington Post reported that the US and the UK were in negotiations to permit UK law enforcement agencies to request stored communications like email and chats…

A New UK-US Data Sharing Agreement: A Tremendous Opportunity, If Done Right
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…

Cross-Border Data Requests: A Response to Greg Nojeim
Editor’s note: This post also appears on Lawfare. Last week on Lawfare, Greg Nojeim responded to — and raised a set of questions about — our proposed framework for dealing…
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