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1. Reforming the U.S. Approach to Data Protection and Privacy

Author:
Nuala O'Conner
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
Half of all Americans believe their personal information is less secure now than it was five years ago, and a sobering study from the Pew Research Center reveals how little faith the public has in organizations, whether governmental or private-sector, to protect their data—and with good reason. In 2017, there was a disastrous breach at Equifax, Yahoo’s admission that billions of its email accounts were compromised, Deep Root Analytics’ accidental leak of personal details of nearly two hundred million U.S. voters, and Uber’s attempt to conceal a breach that affected fifty-seven million accounts. Individuals are left stymied about what action they can take, if any, to protect their digital assets and identity. Nuala O’Connor Yet record-shattering data breaches and inadequate data-protection practices have produced only piecemeal legislative responses at the federal level, competing state laws, and a myriad of enforcement regimes. Most Western countries have already adopted comprehensive legal protections for personal data, but the United States—home to some of the most advanced, and largest, technology and data companies in the world—continues to lumber forward with a patchwork of sector-specific laws and regulations that fail to adequately protect data. U.S. citizens and companies suffer from this uneven approach—citizens because their data is not adequately protected, and companies because they are saddled with contradictory and sometimes competing requirements. It is past time for Congress to create a single legislative data-protection mandate to protect individuals’ privacy and reconcile the differences between state and federal requirements.
Topic:
Science and Technology, Cybersecurity, Privacy, Data, and Digitization
Political Geography:
United States and North America

2. Guide to Section 702 Reform

Author:
Gary Ashcroft and Roger Huddle
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Third Way
Abstract:
Before the end of the year, Congress must revisit the FISA Amendments Act (FAA), a law which, together with its provision known as Section 702, is one of the U.S.'s most valuable and controversial tools to combat threats to the nation. Lawmakers are considering a number of reform proposals as they decide how to reauthorize the law. While we believe it is an important tool, it has some serious flaws when it comes to Americans’ privacy. We would ask members of Congress to ensure that any reform address two problem areas in Section 702: (1) domestic law enforcement access to foreign intelligence records and (2) the international distrust of U.S. tech companies that comply with Section 702. This paper is a primer on Section 702 and reforms for that law. Part I explains how government surveillance works generally. Part II explains Section 702 specifically. Part III details reasons to reform the law to address civil liberties and economic concerns. And Part IV examines potential reforms that have been under discussion.
Topic:
Security, Privacy, Surveillance, and Civil Liberties
Political Geography:
United States and North America

3. A Pragmatic Approach to the Right to Be Forgotten

Author:
Nigel Shadbolt, Wendy Hall, and Keiron O'Hara
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In May 2014, the world of privacy regulation, data handling and the World Wide Web changed dramatically as a result of judgment C-131/12 in the CJEU. The so-called Google Spain decision confirmed that EU data protection legislation gives data subjects the right to request search engines to de-index webpages that appear in the search results on their names. The search engine is not obliged to agree to such requests — certain conditions have to be met and tests applied — but it is not free simply to ignore them. The decision drew on the 1995 DPD2 and the Charter of Fundamental Rights of the European Union, and is consistent with a general direction toward more aggressive protection of privacy rights in Europe, as evidenced by the annulment of the Data Retention Directive, also in 2014 (CJEU 2014). Nevertheless, despite these antecedents, it has been seen as a major step in establishing a right to be forgotten.
Topic:
Science and Technology, Communications, Mass Media, Global Markets, Information Age, Digital Economy, and Privacy
Political Geography:
United States and Global Focus