Trumping Schrems II
Our interview this week is a deep dive into the mess created by the EU Court of Justice in Schrems II – and some pretty good ideas for how companies might avoid the mess, courtesy of a U.S. Government white paper. I interview Brad Wiegmann, Senior Counselor for the National Security Division at the US Department of Justice about the white paper. We cover a host of arguments and new facts that may help companies navigate the wreckage of Privacy Shield and preserve the standard corporate clauses they’ve relied on for transAtlantic data transfers. And, yes, the phrase “hypocritical European imperialism” does cross my lips.
In the news, we can’t let election eve pass without a look at all the election security threats and countermeasures now being deployed. I argue that the election security threat is the second coming of Y2K – a threat that is almost certainly an overhyped bogeyman, but one we can’t afford to ignore. Jamil Jaffer and Pete Jeydel push back. Silicon Valley’s effort to ensure that no one questions the legitimacy of a Biden victory also comes in for some criticism on my end – and is defended by Nate Jones. My nomination for Flakiest Silicon Valley Election Security Techno-nostrum is the banning of post-election political ads. That just guarantees that speech about the election will default to the biggest “organic” voices on the internet and to the speech police at each platform. Or was that the intent?
Confused about all the TikTok and WeChat litigation? It’s pretty simple, really: the US hasn’t won a single case, and it’s gone down hard in three separate opinions, the latest by US District Judge Beetlestone of Philadelphia. This could be Trump Derangement at work, but the fact is that the
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