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.
Risk and Rights in Transatlantic Data Transfers: EU Privacy Law, U.S. Surveillance, and the Search for Common Ground
Transatlantic data transfers are limited by decisions of European Union (EU) authorities ruling that surveillance conducted by the United States threatens privacy. Export control law provides a model to resolve the conflict.
Chinese Technology Platforms Operating in the United States: Assessing the Threat
China's control over communications platforms such as TikTok raises important national security issues. The U.S. government could more systematically assess the threat of Chinese platforms and possible U.S. responses.
European Digital Sovereignty”: Successfully Navigating Between the “Brussels Effect” and Europe’s Quest for Strategic Autonomy
“European digital sovereignty” encompasses regulatory and strategic concerns. The European Union (EU) is the most powerful global actor in digital regulation, though its power is not unlimited.
National Security, Surveillance and Human Rights
The European Court of Human Rights (ECtHR) often decides cases involving a conflict between human rights and surveillance systems intended to protect national security. Surveillance must be necessary and lawful.
Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security
"Deep fake" technology makes it possible to create audio and video files of real people saying and doing things they never said or did. These technologies create policy and legal problems. Possible responses include technological solutions, criminal and civil liability, and regulation.
Transatlantic Data Privacy Law
The European Union (EU) restricts the transfer of information to countries such as the United States, which regulates privacy differently. New EU privacy regulations and the Privacy Shield, a treaty between the EU and the U.S., will help resolve the differences.
The Cambridge Handbook of Surveillance Law
Surveillance challenges policymakers to balance safety and stability with privacy and liberty. Changing technologies and social norms make this difficult. Regulators, legislators, business leaders, the public, and academics offer different perspectives on this problem.
Bulk Collection: Systematic Government Access to Private-Sector Data (1st Edition)
Edward Snowden revealed that the United States government collects data from every phone call in the country. Governments worldwide routinely demand that private firms disclose information about their customers in bulk. Many of these surveillance programs are secret and lack oversight.
Systematic Government Access to Personal Data: A Comparative Analysis
Worldwide, government demands for access to private-sector data are increasing. A survey of 13 countries shows that current laws that govern such access are inadequate, failing to safeguard against abuse. Many systematic surveillance programs are secret.
Organizational Accountability, Government Use of Private-Sector Data, National Security, and Individual Privacy
Firms that collect data are accountable for its safety and remain accountable if the data is transferred to third-party vendors or partners. Accountability is hard to maintain when the government demands access to firm's data for police or intelligence purposes.