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Friday, April 1 • 4:00pm - 5:00pm
Cross Border Data Requests

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The existing legal framework for nations to make cross-border requests for data is fundamentally broken. Under current US law, foreign law enforcement officials seeking the content of stored electronic communications (e.g., emails) held by US-based Internet service providers (“providers”) must make a government-to-government request for the data (generally employing the Mutual Legal Assistance Treaty (MLAT) process), even if the data is sought solely for the investigation of local crime. This is a notoriously slow process – taking an average of ten months. Foreign governments are understandably frustrated by this state of affairs and are responding in a number of undesirable ways, including increased reliance on data localization requirements, mandatory de-encryption regimes (i.e. mandatory backdoors), and reliance on other less transparent and less accountable means of accessing data.

Recent reports suggest that the U.S. and UK are negotiating an agreement that would respond to this problem by permitting UK officials to directly request data from U.S. providers in certain instances. Of concern, however, the agreement - as reported in the press - does not appear to impose meaningful procedural protections on the access to the data.

This workshop will continue the work already started in pushing for a privacy-protective framework for responding to such requests. We will focus in particular on possible reforms to the Electronic Communications Privacy Act, as well as the implementation of bilateral and multilateral international agreements that seek to facilitate expedited access to legitimate requests for data while protecting privacy and related human rights over both the short and long-term

avatar for Bertrand De La Chapelle

Bertrand De La Chapelle

Director, Internet & Jurisdiction Project
Director and Co-Founder of the Internet & Jurisdiction Project
avatar for Drew Mitnick

Drew Mitnick

Policy Counsel, Access Now
avatar for Greg Nojeim

Greg Nojeim

Director, Project on Freedom, Security and Technology, Center for Democracy & Technology
United States surveillance laws, cross border law enforcement demands for Internet users' communications, UK IPB, encryption, cybersecurity and privacy
avatar for K.S. Park

K.S. Park

Co-Founder/ Professor, Open Net Korea/ Korea University Law School
Internet law, freedom of speech, privacy, Korean judiciary, net neutrality, film industry, antitrust, open government, copyright | Successful impact litigations - striking down Internet real-name law, "false news" crime, and Internet election regulation; holding telcos liable for data disclosure secrecy; holding a copyright society for bad faith takedown notice; and defending dissident bloggers from criminal defamation and insult laws and... Read More →

Andrew Woods

Faculty, University of Kentucky Law School

Friday April 1, 2016 4:00pm - 5:00pm
The Bridge

Attendees (67)