News & Analysis as of

National Security Surveillance

HaystackID

U.S. Unveils Historic Sanctions Against Intellexa Spyware for Endangering Privacy and National Security

HaystackID on

Editor's Note: In a historic and bold move, the U.S. government has implemented unprecedented sanctions against the Intellexa Consortium and its key figures for their roles in deploying spyware that jeopardizes privacy and...more

Wiley Rein LLP

Intelligence Gathering and FISA Section 702: Lots of Heat Obscures Important Practical Issues

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As heated debate continues over possible changes to the Foreign Intelligence Surveillance Act (FISA), which is poised to expire later this month, we wanted to provide some perspective on a few practical issues. As former DOJ...more

Orrick, Herrington & Sutcliffe LLP

FISA Section 702 Sunset and the Dawn of Privacy - Will 2023 be the year that FISA 702 reform shifts discussions around European...

Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) has been a looming presence in the European privacy landscape since Edward Snowden first leaked the PRISM files in 2013. Surveillance authorized under FISA 702...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – November 2022

PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Prohibition on Use or Delivery of Chinese Telecommunications and Video Surveillance Products and Services: The Potential Link Between Section 889 of the 2019 NDAA and Section 1260H of the 2021 NDAA,...more

BCLP

Is Privacy Shield 2.0 on the Horizon?

BCLP on

On October 7, President Joe Biden signed an Executive Order (EO) on Enhancing Safeguards for United States Signals Intelligence Activities, which is intended to move forward next steps in the EU US Privacy Shield Framework...more

Perkins Coie

President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy...

Perkins Coie on

President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities. It also establishes a redress mechanism for residents of qualifying states who...more

Husch Blackwell LLP

BIS Delays Implementation of New Cybersecurity Items Interim Final Rule

Husch Blackwell LLP on

In an October 21, 2021 interim final rule (“IFR”), the Bureau of Industry and Security (“BIS”) published long-awaited “cybersecurity items” controls in Categories 4 (Computers) and 5, Pt. 1 (Telecommunications) of the...more

Barnea Jaffa Lande & Co.

Privacy Protection Laws in Israel – Outlook for 2022

The legislation of privacy protection laws in Israel has shifted into high gear and is beginning to close the gap with legislation in Europe. A major step in this direction occurred about a month ago when the Ministerial...more

Wiley Rein LLP

Treasury, Commerce Target Dozens of Chinese Companies Over Surveillance, National Security Concerns

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Last week, the U.S. Government imposed tough restrictions on U.S. transactions with specific companies in the People’s Republic of China (PRC) that are involved in activities contrary to U.S. foreign policy and national...more

Wiley Rein LLP

[Webinar] Emerging Threats in National Security: Is Any Network Safe? Malicious Third Party Code - September 14th, 1:00 pm - 2:15...

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This webinar focuses on the role of the U.S. government and Biden Administration in protecting American cybersecurity with respect to: - The prevalence and spread of malicious third party code; - Internet infiltration,...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

The Proverbial Other Foot: Proposed U.S. Legislation Could Ban Personal Data Transfers to Ireland and Other U.S. Allies

Digital giants and other data-driven businesses that have moved their companies from the United Kingdom to Ireland in the wake of Brexit could soon be bracing for a new shake-up in light of legislation recently proposed in...more

Health Care Compliance Association (HCCA)

EU decision to invalidate Privacy Shield poses ethical questions

ethikos 34, no. 11 (November 2020) - The European Court of Justice’s decision in July to invalidate the mechanism by which data was transferred between the European Union (EU) and the United States is primarily a question...more

Wiley Rein LLP

Commerce Publishes New Controls on Emerging Technologies

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On October 5, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a rule implementing certain changes in the Export Administration Regulations (EAR) that were agreed upon in December 2019...more

Womble Bond Dickinson

Irish Data Case Against Facebook Could Complicate All Data Transfers to the US

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Will the EU finally deny the right to transfer any personal data from its shores to the United States? Its privacy decisions have been inching closer to this determination for years, and an Irish case against Facebook may tip...more

Stinson - Government Contracting Matters

Managing Your Supply Chain Just Got Trickier: Interim FAR Rule Prohibiting Contracting for Telecommunications and Video...

Continuing threats to the supply chain pose increasing risks to our national security. The new interim Federal Acquisition Regulation (FAR) rule published on August 13, 2019, seeks to address certain of these threats by...more

Eversheds Sutherland (US) LLP

Newfound consumer-privacy focus could transform surveillance debate

As difficult as it is to pass laws, especially potentially controversial laws, sunset provisions on national security legislation provide an opportunity to re-assess effectiveness, impacts on privacy, and opportunity costs. ...more

WilmerHale

The European Data Protection Board’s Second Report on the EU-U.S. Privacy Shield

WilmerHale on

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities, and the European Data Protection Supervisor, adopted its report on the second annual review of the...more

Snell & Wilmer

Border Patrol Continues to Test Drone Use

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While legislative wrangling over construction of a border wall continues, unmanned aerial vehicles are a growing part of the nation’s defense strategy. U.S. Customs and Border Protection (CBP) has implemented the Predator-B...more

Akerman LLP - HR Defense

Big Brother is Watching You: Feds Now Vetting Foreign Workers Via Social Media

Employers may need to start “following” the information their foreign national workers share on Twitter or Facebook, as the Department of Homeland Security is turning social media into the federal government’s latest...more

King & Spalding

Measure Introduced In The House To Restrict Internet Surveillance Of Americans

King & Spalding on

On October 6 a bipartisan group of lawmakers from the House Judiciary Committee unveiled the USA Liberty Act (H.R. 3989), which seeks to reform and reauthorize Section 702 of the Foreign Intelligence Surveillance Act. Section...more

Robinson+Cole Data Privacy + Security Insider

Global Cybersecurity, Surveillance, and Privacy: The Obama Administration’s Conflicted Legacy

In the wake of Edward Snowden’s disclosures, the United States administration faced a daunting series of challenges on surveillance, cybersecurity, and privacy. Congress was reluctant to enact comprehensive legislation....more

A&O Shearman

Government Surveillance Under a Trump Administration

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As the transition of power from President Barack Obama to President-elect Donald Trump continues, industry and consumer-protection groups continue to scrutinize Trump’s appointments, policy positions and tweets for insight...more

Cadwalader, Wickersham & Taft LLP

White Collar Crime Law Enforcement in a Trump Justice Department - 8 Predictions

After a conventional presidential campaign, determining the policy priorities and direction of the incoming administration with respect to the Justice Department’s white collar law enforcement responsibilities can be a...more

Womble Bond Dickinson

Smarter Devices = More Vulnerability to Government and Criminals

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The Internet of Things is upon us with smartphones, smart cars, and self-sensing trash cans. The next decade will see a geometric expansion of the types of objects we fit with sensors and connect to the Web. As these...more

Foley Hoag LLP

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

Foley Hoag LLP on

Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

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