All Article Summaries
These article summaries are written by TAP staff members. TAP’s purpose for this section of the site is to present information, points of view, research, and debates.
The Effects of Data Localization on Cybersecurity
Data localization policies prohibit the transfer of data to foreign countries. Data localization affects the ability of organizations to prevent and respond to cyberattacks, increasing cybersecurity risks.
The Portability and Other Required Transfers Impact Assessment (PORT-IA): Assessing Competition, Privacy, Cybersecurity, and Other Considerations
One key legal question is whether data should move from A to B, or be prevented from moving from A to B. Requiring the transfer of data can be harmful in some ways and beneficial in others.
From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud
As strong encryption becomes more common for data and voice messages, traditional wiretaps become less effective. Law enforcement agencies have shifted from seeking local real-time access to messages to seeking remote access to stored messages, which are often unencrypted.
Why the Right to Data Portability Likely Reduces Consumer Welfare: Antitrust and Privacy Critique
This article analyzes the potential weaknesses of the European Union’s potential new right to data portability.
Social Networks, Privacy, and Freedom of Association: Data Empowerment vs. Data Protection
Social networks provide a platform for forming personal associations based on sharing information with other people, but the opportunity to broadly share information also raises privacy concerns. A free association doctrine modeled on the US concept of free speech is suggested, and then the doctrine is applied to several proposed privacy laws.
Privacy and Antitrust
This paper looks at how privacy policy and competition policy intersect.
No Cop on the Beat: Underenforcement in E-Commerce and Cybercrime
This paper examines the problems of enforcing consumer protection law on the Internet.
The ID Divide: Addressing the Challenges of Identification and Authentication in American Society
This paper looks at problems faced by people who do not have official identification such as driver’s licenses.