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Justice Department Releases Its Review of FISA Applications Examined by Inspector General
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What Does Schrems II Mean for the U.K.?
Schrems II will certainly affect the U.K.’s future data protection landscape. But the decision’s effects on Britain are not as catastrophic as some observers may have feared. -
Schrems II Offers an Opportunity—If the U.S. Wants to Take It
The judgment by the Court of Justice for the European Union has provoked a hostile reaction from U.S. national security and privacy experts. But it’s a wake-up call for how Americans should understand na... -
How Can the U.S. Respond to Schrems II?
The decision of the European Court of Justice in Schrems II is gobsmacking in its mix of judicial imperialism and Eurocentric hypocrisy. -
Geopolitical Implications of the European Court’s Schrems II Decision
The CJEU invalidated one principal legal method for the transfer of personal data from EU territory to the United States and cast substantial doubt on the validity of the other. What are the consequences... -
Increasing Transparency at the National Security Commission on Artificial Intelligence
The U.S. District Court for the District of Columbia ruled recently that the commission must hold open meetings and make material available to the public. -
Federal Privacy Legislation Should Protect Civil Rights
Adapted from a June 2020 Brookings report, this is the third in a series of Lawfare posts on proposed federal privacy legislation. This piece addresses the role of civil rights in privacy legislation. -
In Privacy Legislation, a Private Right of Action Is Not an All-or-Nothing Proposition
Adapted from a June 2020 Brookings report, this is the second in a series of Lawfare posts on proposed federal privacy legislation. This piece addresses private rights of action for individuals. -
It's Never Too Late to Think about NSA's CDR Collection Program
My new paper examines three critical issues in the NSA’s collection of Call Detail Records. -
Preemption: A Balanced National Approach to Protecting All Americans’ Privacy
Adapted from a June 2020 Brookings report, this is the first in a series of Lawfare posts addressing federal privacy legislation. This piece focuses on proposals for federal preemption of state privacy l... -
On Facial Recognition, the U.S. Isn’t China—Yet
Facial recognition software has recently attracted scrutiny for its adoption by some police departments across the United States. Very few U.S. states and localities have laws to adequately protect again... -
The Specter of FISA Reform Haunts Capitol Hill
What on earth is going on with FISA reform in Congress?