Data
102 Articles
Embedding Gender in International Humanitarian Law: Is Artificial Intelligence Up to the Task?
The laws of war can sanction uses of force with gendered consequences. Encoding IHL principles into AI systems may reinforce - or correct for - these disparate impacts.
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?
Data and Democracy: Three Things the Biden-Harris Administration Should Do to Tackle Big Tech
The monetization of personal data poses a direct threat to civil rights and democracy. The good news: the Biden-Harris administration has an opportunity to check this destructive…
Don’t Blame Privacy for Big Tech’s Monopoly on Information
As the prospect of antitrust charges against Facebook by the Federal Trade Commission (FTC) looms larger, regulators should challenge the concentration of data within Big Tech…
What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers
On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.
Black Security and the Conundrum of Policing
We are in a new phase of the long police reform debate. Over decades, opaque spending, police staffing practices, expansion of criminal codes, and other factors have made some…
An Ongoing Problem: Germany’s Protection of Foreigners’ Communication Abroad
Will Germany’s Federal Constitutional Court press for further reforms or defer the matter to politics when it decides on the issue later this month?
As the U.S. Risks Reopening for Business, Technology Alone Won’t Stop the Coronavirus
Bluetooth contact-tracing apps could be a tool for returning to some version of normal, but only within limits and with robust safeguards,
Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement
Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…
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…
How Data Privacy Laws Can Fight Fake News
Governments from Russia to Iran have exploited social media’s connectivity, openness, and polarization to influence elections, sow discord, and drown out dissent. While responses…
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…