Latest in Surveillance & Privacy
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EU Privacy Law and U.S. Surveillance: Solving the Problem of Transatlantic Data Transfers
Most current approaches to resolving the EU-U.S. conflict fall short. It’s time for a hybrid approach. -
How Europe’s Intelligence Services Aim to Avoid the EU’s Highest Court—and What It Means for the United States
The United States now finds itself forced to consider changes to its foreign surveillance law and practices in order to reestablish a stable basis for transatlantic transfers of personal data. -
The Lawfare Podcast: Mary Anne Franks on Section 230
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Section 230 and the Anti-Social Contract
The power that tech platforms have over individuals can be legitimized only by rejecting the fraudulent contract of Section 230 and instituting principles of consent, reciprocity, and collective responsi... -
The Lawfare Podcast: Jeff Kosseff on the Fight Against Online Child Pornography
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Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma
The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illega... -
The Lawfare Podcast: Jane Bambauer and Brian Ray on the Lost Promise of Digital Contact Tracing
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COVID-19 Apps Are Terrible—They Didn't Have to Be
COVID-19 apps in the United States have been ineffective as public health tools because they are designed primarily to protect privacy. Poor design choices, effectively mandated by Google and Apple, were... -
Why Schrems II Might Not Be a Problem for EU-U.S. Data Transfers
Nearly all U.S. companies should have no difficulty showing that U.S. surveillance authorities at issue will not interfere with their ability to comply with standard contractual clauses. -
The Lawfare Podcast: Yaya Fanusie on 'Central Bank Digital Currencies: The Threat From Money Launderers and How to Stop Them'
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The Latest Skirmish in the Transatlantic Data Wars
A recent exchange over the privacy practices of the Terrorist Finance Tracking Program contributed to the mounting crisis between the United States and the European Union over transatlantic data transfer... -
Central Bank Digital Currencies: The Threat From Money Launderers and How to Stop Them
If or when a central bank digital currency is deployed in a major economy such as the United States, there will be unintended consequences.


