The Story Thus Far: Privacy & Surveillance
Julia Sherman // 3/16/17 //
Since Trump's election, the privacy rights of foreigners (and in some cases of U.S. citizens) have grown still more precarious.
The future of the Privacy Shield after Trump’s executive order on enhancing public safety is debated on Lawfare, with Adam Klein and Carrie Cordero concluding that the executive order does not deny Europeans protection under the Privacy Act.
o Paul Rosenzweig takes a more uncertain approach, noting that it’s unclear what the impact of this executive order is on PPD-28, one of the two cornerstones of the Privacy Shield.
o Prior to the executive order, Cameron Kerry and Alan Charles Raul argued in favor of preserving the Privacy Shield, citing economic incentives.
o Melaine Teplinsky (CSM Passcode), as well as Daniel L. Farris and Amanda Katzenstein (National Law Review), have also described the executive order’s potential impacts on the Privacy Shield.
o At TechCrunch, the European Commission has expressed their concern over the executive order and its impacts on Europeans, while the ACLU and Human Rights Watch have urged the Commission to reexamine whether Europeans’ rights are being sufficiently protected in light of the changed circumstances.
o On Twitter, European Commission Vice-President Andrus Ansip indicated that he had been reassured by the U.S. Secretary of Commerce that the U.S. continues to support the Privacy Shield.
Questioning Trump’s unsupported allegation that Obama wiretapped Trump Tower, Charlie Savage at NYT breaks down the legal implications of Trump’s claim.
o At Just Security, Asha Rangappa describes the practical procedures for obtaining a FISA warrant.
Criticizing proposed changes to the Countering Violent Extremism program, Nadim Houry argues at Just Security that the Trump plans risks alienating Muslim communities and ignoring the dangers posed by other violent extremists.
o Stevan Weine explains that the plan would also unduly rely on “hard” counter-terrorism tactics.