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Mass Surveillance and the Right to Privacy: Adding Nuance to the Schrems Case

Last week’s post by Megan Graham is certainly a welcome contribution in explaining the implications of the Max Schrems case by the European Union Court of Justice, and specifically…
Just Security

Adding Some Nuance on the European Court’s Safe Harbor Decision

Yesterday, the European Court of Justice (ECJ) issued a decision about European data protection laws as they relate to data transfers to the US. While there have been a number…
Just Security

ECPA Reform: A Primer

Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
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The Microsoft Warrant Case: Response #2 to Orin Kerr

Over at the Volokh Conspiracy, Orin Kerr responds, point by point, to my disagreement with his take on the Microsoft warrant case. I thank Kerr for continuing the conversation,…
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A New US-UK Data Sharing Treaty?

In a little-noticed piece of news (at least in the US), the UK has been contemplating a new international treaty to enable British authorities to access user data held by US tech…
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Magistrate’s Compliance: Searching Electronic Data Overseas

Amidst all the talk about the so-called Magistrates’ Revolt (referring to a group of magistrates pushing back against the government’s broad electronic search requests), it’s…
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Up to Date with the EU on Data Protection: Canvassing Implications for the US

The EU’s justice and rights commissioner, Viviane Reding has recently warned that the U.S. needs to adjust its surveillance programs or risk freezing its data sharing arrangements…
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Privacy and Data Collection/Retention in the EU: Villalón Opinion

On Thursday of last week, Advocate General Cruz Villalón (see here for a description of the role of the Advocate General and the non-binding nature of their Opinions) delivered…
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