A common myth is that the U.S. Congress is a leader in creating privacy and data security law. But this has not been true for quite some time. Congress isn’t leading, and even the policies and practices of US companies are increasingly built around the law of the European Union (EU) or the states. In […]
Recently, Congress voted to overturn new FCC rules that regulated the privacy of broadband Internet Service Providers (ISPs). The rules implemented the Communications Act, 47 U.S.C. § 222 to ISPs, requiring opt in for sharing sensitive customer data, opt out for sharing non-sensitive customer data, as well as transparency requirements. Sensitive data includes precise geo-location, children’s […]
Yesterday, Microsoft won a huge case against government surveillance, a case with very important implications: In the Matter of a Warrant to Search a Certain E‐Mail Account Controlled and Maintained by Microsoft Corporation.
Last year, the death of the US-EU Safe Harbor Arrangement sent waves of shock and despair to the approximately 4500 companies that used this mechanism to transfer personal data from the US to the EU. But a new day has dawned.
I’ve been going through my blog posts from 2015 to find the ones I most want to highlight. Here are some selected humor posts about privacy and security: The Funniest Hacker Stock Photos
I’ve been going through my blog posts from 2015 to find the ones I most want to highlight. Here are some selected posts on privacy issues: I. PHILOSOPHICAL Privacy by Design: 4 Key Points What Is Privacy? II. PRIVACY LAW Why All Law Schools Should Teach Privacy Law — and Why Many Don’t
Last week, the EU issued the General Data Protection Regulation (GDPR), a long-awaited comprehensive privacy regulation that will govern all 28 EU member countries. Clocking in at more than 200 pages, this is quite a document to digest. According to the European Commission press release: “The regulation will establish one single set of rules which […]
By Daniel J. Solove The US regulates privacy with a sectoral approach, with laws that are directed only to specific industries. In contrast, the EU and many other countries have an omnibus approach — one overarching law that regulates privacy consistently across all industries. The US is an outlier from the way most countries regulate […]
By Daniel J. Solove In a profound ruling with enormous implications,the European Court of Justice (ECJ) has declared the Safe Harbor Arrangement to be invalid. [Press Release] [Opinion] The Safe Harbor Arrangement The Safe Harbor Arrangement has been in place since 2000, and it is a central means by which data about EU citizens can […]
Recently, oral arguments were heard in a very important case in the U.S. Court of Appeals for the Second Circuit. The case is officially titled In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, but it is being referred to as Microsoft v. United States for short.