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Publications

Schrems II Offers an Opportunity—If the U.S. Wants to Take It

Author(s): 
Henry Farrell
Publication Date: 
July 28, 2020
Publication Type: 
Other Writing

The Schrems II judgment by the Court of Justice of the European Union (CJEU) will reshape the relationship between national security and global data flows. By invalidating the EU-U.S. Privacy Shield agreement, the decision ends a two-decade transatlantic compromise on data exchange. The court found that U.S. surveillance practices were disproportionate and violated the fundamental rights of European Union citizens, who had no effective legal recourse to challenge potential U.S. abuses. Read more about Schrems II Offers an Opportunity—If the U.S. Wants to Take It

Cyberattack Attribution and International Law

Author(s): 
Kristen E. Eichensehr
Publication Date: 
July 24, 2020
Publication Type: 
Other Writing

Earlier this week, the U.S. Department of Justice unsealed an indictment accusing two men linked to China’s Ministry of State Security of a decade-long campaign of hacking dissidents, human rights activists, and a variety of private sector targets, including most recently entities working on COVID-19 treatments, tests, and vaccines. Read more about Cyberattack Attribution and International Law

Cybersecurity Information Sharing Success Stories

Author(s): 
Brian Nussbaum
Publication Date: 
July 15, 2020
Publication Type: 
Other Writing

The theory behind cybersecurity information sharing is clear and uncontroversial, even if the details of what to share, how best to do it and who to share with may sometimes result in debate and disagreement. The theory goes that organizations are better off sharing information and improving situational awareness than trying to recognize and face cyber threats and challenges on their own. Some collective and coordinated efforts can help to identify, learn about and fend off threats and would-be attackers—as compared to acting individually with less information and situational awareness. Read more about Cybersecurity Information Sharing Success Stories

The Senate’s twin threats to online speech and security

Author(s): 
Riana Pfefferkorn
Publication Date: 
July 13, 2020
Publication Type: 
Academic Writing

This is a cruel summer. The COVID-19 toll increases daily. Millions are out of work and risk losing their homes. The senseless loss of Black lives continues despite weeks of mass protests. Behind it all lurks the climate crisis. Amid these pressing issues, members of the Senate have decided to spend their time creating their own threat to Americans: legislation that would make Americans less safe, while simultaneously harming online speech, privacy, and encryption.

Covid-19 should spark a reexamination of trade secrets’ stranglehold on information

Author(s): 
David Levine
Publication Date: 
July 10, 2020
Publication Type: 
Other Writing

As the world struggles to confront the Covid-19 pandemic, how to handle access to trade secrets — information that is valuable because others do not know it — is one of the myriad challenges to achieving safe and effective vaccines, diagnostics, and treatments for the people of the world. Read more about Covid-19 should spark a reexamination of trade secrets’ stranglehold on information

Amicus Brief of Cybersecurity Experts in Support of Malwarebytes' Cert Petition

Author(s): 
David Levine
Elizabeth Townsend Gard
Jennifer Urban
Riana Pfefferkorn
Richard Forno
Publication Date: 
June 12, 2020
Publication Type: 
Litigation Brief

Amicus brief in support of petitioner Malwarebytes' petition for certiorari in Malwarebytes v. Enigma Software, authored by Phil Malone of the Juelsgaard IP & Innovation Clinic at SLS. Read more about Amicus Brief of Cybersecurity Experts in Support of Malwarebytes' Cert Petition

Security Experts' Letter on Transparency in Terrorist Content Regulation

Publication Date: 
June 15, 2020
Publication Type: 
Other Writing

This June 2020 letter from security researchers and practitioners urges that EU lawmakers finalizing the Terrorist Content Regulation preserve robust transparency requirements for governments to share data regarding (1) the number of content takedowns for which authorities also carried out investigation or prosecution and (2) the number of cases of content wrongly identified as terrorist.  Read more about Security Experts' Letter on Transparency in Terrorist Content Regulation

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