European Commission Tentatively Finds US Commitments ‘Adequate’: What It Means for Transatlantic Data Flows
Originally published on Truth on the Market (13 December 2022). Under a draft “adequacy” decision unveiled today by the European Commission, data-privacy and security commitments made by the United States in an October executive order signed by President Joe Biden were found to comport with the EU’s General Data Protection Regulation (GDPR).
Biden’s Data Flows Order: Does It Comport with EU Law?
Originally published on Truth on the Market (11 November 2022). European Union officials insist that the executive order President Joe Biden signed Oct. 7 to implement a new U.S.-EU data-privacy framework must address European concerns about U.
Why the EU’s Rushed ‘Travel Rule’ for Crypto Should Be Struck Down
Originally published by Coindesk on 25 July 2022 (also republished by Yahoo). We appear to be reaching an end stage in negotiations between the European Parliament and the Council of the European Union on a plan to extend the EU’s financial-surveillance regime over the cryptocurrency industry.
Privacy, Crypto, and EU Financial Surveillance
Originally published on Truth on the Market (11 July 2022). European Union lawmakers appear close to finalizing a number of legislative proposals that aim to reform the EU’s financial-regulation framework in response to the rise of cryptocurrencies.
DMA Update: It’s Still a Privacy Danger
Originally published by Truth on the Market (22 June 2022). The European Union’s Digital Markets Act (DMA) has been finalized in principle, although some legislative details are still being negotiated. Alas, our earlier worries about user privacy still have not been addressed adequately.
ADPPA Mimics GDPR’s Flaws, and Goes Further Still
Originally published on Truth on the Market (22 June 2022). Just three weeks after a draft version of the legislation was unveiled by congressional negotiators, the American Data Privacy and Protection Act (ADPPA) is heading to its first legislative markup, set for tomorrow morning before the U.
The Digital Markets Act is a security nightmare
Originally published by New Europe (11 February 2022). In their zeal to curb big tech through the Digital Markets Act, the European legislators are risking the privacy and security of all Europeans.
EU’s Compromise AI Legislation Remains Fundamentally Flawed
Originally published on Truth on the Market (8 February 2022). European Union (EU) legislators are now considering an Artificial Intelligence Act (AIA)—the original draft of which was published by the European Commission in April 2021—that aims to ensure AI systems are safe in a number of uses designated as “high risk.
Privacy and Security Risks of Interoperability and Sideloading Mandates
Originally published on Truth on the Market (26 January 2022). There has been a wave of legislative proposals on both sides of the Atlantic that purport to improve consumer choice and the competitiveness of digital markets.
Will the EU Lose Access to U.S. Data Flows and Software?
Originally published by Lawfare (5 November 2021). Some EU decision-makers have adopted a radical and unreasonable interpretation of EU data protection law that lacks a limiting principle. The ultimate result may be that EU customers lose access not only to cloud services offered by U.