Law professor, now at Georgia Tech, worked in White House on privacy and cyber. Sr. Counsel at Alston & Bird.
Joined April 2009
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We live in an era of "The Globalization of Criminal Evidence", tinyurl.com/yvry4bma. How will governments access evidence held in the cloud, while protecting privacy and civil rights? @TC_IntLaw (Christakis) explains the final EU approach, in the #eevidence regulation.
🔥THE ULTIMATE GUIDE TO #eEvidence 🔥
All u need to know abt this so important new EU 🇪🇺 Regulation adopted in June 2023 in my entirely updated & revised Chapter for The Cambridge Handbook of Digital Evidence in Criminal Matters #CloudAct @CUP_Law
👉ssrn.com/abstract=4306874
U.S. Dept of Justice finds sufficient safeguards for Americans from European intelligence surveillance. Even though DOJ documents multiple ways that EU protections are not as strict as those the US provides My initial comments here: tinyurl.com/5s4vykhz. #privacy #GDPR
Quoted in the Wash Post today on #FISA 702 reauthorization: tinyurl.com/5an77kxy. In our 2013 NSA Review Group report, we recommended a warrant for 702 searches of US persons. Now I have a different view - risks from the EU if the US "discriminates" against non-US persons.
Co-author Théodore Christakis provides the colorful tweet. A step-by-step analysis for why the U.S. and EU agreed to a surprising and complex approach to redress. #schremsii #privacy #privacyshield
A 1st analysis focusing on the “Independence” & “Effectiveness” of the “Data Protection Review Court”, the redress mechanism created by the new 🇪🇺🇺🇸Data Privacy Framework as a response to #SchremsII
🙏@PrivacyPros for hosting this article.
iapp.org/news/a/the-redress-…
6/6 The new regs enable any EU person to file a complaint, without having to show prior injury. #Schrems, #GDPR,#privacy, #privacyshield.
5/6 There are principled reasons why this is done through executive action rather than a new statute. Literally no one has been able to propose a statute that would meet the U.S. constitutional requirement of standing, for all the EU persons eligible to file a redress complaint
4/6 EU official summary explains how new redress approach meets the CJEU’s requirements: tinyurl.com/485uae9h. #Schrems, #GDPR,#privacy, #privacyshield.
3/6 Critics who say this is a re-run of #PrivacyShield are incorrect. The new U.S. redress system creates independent investigations, an adversary process before independent decisionmakers, and binding orders on the U.S. intelligence community.
2/6 Our February proposal on redress gives detailed rationale for how new Framework meets both EU and U.S. legal requirements: tinyurl.com/3tk8vkty. #Schrems, #GDPR, #privacy.
1/6 New Biden Exec Order tinyurl.com/3cvrwzkd & DOJ regs tinyurl.com/2p92xar4 announce EU-U.S. Data Privacy Framework, to replace #privacyshield. #Schrems, #GDPR
Peter Swire retweeted
Indeed FPF Senior fellow @PeterSwire made this point a number of years ago at this FTC event ftc.gov/system/files/documen… - discrimination laws follow, sophisticated marketing online is in scope!
As financial firms make use of tech platforms for behavioral targeting tactics, the @CFPB is warning that their business models will typically not be covered by the traditional advertising exemption in the law. consumerfinance.gov/about-us…
#lawfare published my article today on "The Bipartisan, Bicameral Privacy Proposal Is a Big Deal" tinyurl.com/yusrhm6m, #privacy.
I will be speaking at #RSAC2022 on 6/8 on "Are Data Localization Policies a Looming Disaster for Cybersecurity?", drawing on this research: tinyurl.com/5dpd83ka. With Edna Conway Danielle Kriz, John Miller. #cybersecurity, #dataflows; #DataPrivacy;
New redress article with @TC_IntLaw & Ken Propp, with both EU & US law profs providing details to help build a new redress system. #privacy #schremsii #gdpr
How to fix #SchremsII “Redress” problem in 🇪🇺🇺🇸negotiations? Here is a novel SOLUTION 🎯 wth 3 building blocks 1) A DOJ Regulation to create an INDEPENDENT Redress Authority 2) A @POTUS EO to give it EFFECTIVE powers 3) APA for ultimate judicial review
europeanlawblog.eu/2022/02/1…
Peter Swire retweeted
EU🇪🇺US🇺🇸 #SchremsII talks have reached a delicate stage. A crucial question is whether 🇺🇸Congress must enact a new statute to create Redress mechanism. Our analysis finds that a non-statutory solution could be compatible wth essentially equivalent standard
europeanlawblog.eu/2022/01/3…
New article at #lawfare on UK #crossborder and #privacy announcement, post-#Schrems. lawfareblog.com/uks-post-bre…
The President of Georgia Tech asked me to tape "Rebuilding the Civic Square: A Discussion on Rebuilding Democracy," distributed to GT for Inauguration Day. Topics: the rule of law, the role of platforms, and how to listen to those with different views. youtube.com/watch?v=dU5EKbko…
Our new proposal for providing an individual right to redress concerning US #surveillance, to meet requirements of EU court in #schremsii. Would take a new law, and EU/US agreement. Not easy, but worth trying tinyurl.com/yy9mxtg3.
Max #Schrems, please listen to 1:10 to 1:12 on the recording. you were speaking about using standard contractual clauses to China, and said one would "have to look at specific companies and specific safeguards." What safeguards could work from China for #surveillance?
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Max #Schrems, when we publicly debated in 2016, you said that contracts would be ok for China, but not for the U.S. It’s great that you and the Court now recognize that the #privacy limits apply equally to China, the U.S., & other non-EU countries. tinyurl.com/y3xfzdhe
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