Non-Academic Publications

Swire's Op-ed in Le Monde argues that the CJEU decision in Schrems II could create an aberration where EU data could not be transferred to the US for surveillance risk, but could still freely move to China.

PORTABILITY/INTEROPERABILITY RESEARCH PROJECT

Swire is updating his research on “The Portability and Other Required Transfers Impact Assessment (“PORT-IA”): Assessing Competition, Privacy, Cybersecurity and Other Considerations.” The FTC and OECD included Swire in their public workshops on these topics.

"Two ways that smaller countries could participate in emerging global systems for transfer of electronic evidence,"

Cross-Border Data Forum, May 30, 2019 (with DeBrae Kennedy-Mayo).

"EU and U.S. Negotiations on Cross-Border Data, Within and Outside of the CLOUD Act Framework,"

Cross-Border Data Forum, Apr. 13, 2019.

"The Important, Justifiable, and Constrained Role of Nationality in Foreign Intelligence Surveillance,"

Lawfare Blog, Jan. 11, 2019 (with Deven Desai and Jesse Woo).

"U.S. Federal Privacy Preemption Part 2: Examining Preemption Proposals,"

IAPP, Jan. 10, 2019.

"U.S. Federal Privacy Preemption Part 1: History of Federal Preemption of Stricter State Laws,"

IAPP, Jan. 9, 2019.

"How Stricter Procedures in Existing Law May Provide a Useful Path for Cloud Act Executive Agreements,"

Cross-Border Data Forum, Nov. 16, 2018 (with Justin Hemmings & Sreenidhi Srinivasan).

"The Globalization of Criminal Evidence,"

IAPP, Oct. 16, 2018 (with Théodore Christakis and Jennifer Daskal).

"Announcing the New Cross-Border Data Forum,"

IAPP, Oct. 16, 2018 (with Théodore Christakis and Jennifer Daskal).

"Recommendations for the Potential U.S.-U.K. Executive Agreement Under the Cloud Act,"

Lawfare Blog, Sep. 13, 2018 (with Justin Hemmings).

“Insight: A Canary in the Ad Tech Coal Mine? German DPAs Announce Opt-In Regime for Online Advertising”

Bloomberg Law: Privacy & Data Security, June 29, 2018 (with Dan Felz).

"The Importance of Accurate Retrieval of Data Subjects’ Personal Data in Complying with GDPR Individual Rights Requirements"

Alston & Bird, May 16, 2018 (with Jan Dhont and DeBrae Kennedy-Mayo).

"A Possible EU-US Agreement on Law Enforcement Access to Data?"

Lawfare Blog, May 21, 2018 (with Jennifer Daskal).

"2018 Update to Delivering ERISA Disclosure for Defined Contribution Plans: Why the Time Has Come to Prefer Electronic Delivery,"

Peter Swire & DeBrae Kennedy-Mayo (2018).

"Suggestions for Implementing the Cloud Act"

Lawfare Blog, Apr. 30, 2018 (with Jennifer Daskal).

"What the CLOUD Act means for privacy pros"

International Association of Privacy Professionals, Privacy Tracker, Mar. 26, 2018 (with Jennifer Daskal).

"The CLOUD Act and its Impact on Cross-Border Access to the Contents of Communications"

Alston & Bird, Privacy & Data Security Blog, Mar. 25, 2018 (with Justin Hemmings).

"Privacy and Civil Liberties Under the CLOUD Act: A Response"

Lawfare Blog, Mar. 21, 2018 (with Jennifer Daskal).

"Why the CLOUD Act is Good for Privacy and Human Rights"

Lawfare Blog, Mar. 14, 2018 (with Jennifer Daskal).

"The CLOUD Act: A Welcome Legislative Fix for Cross-Border Data Problems"

Lawfare Blog, Feb. 6, 2018 (with Andrew Keane Woods).

"Reform Section 702 to Maintain Fourth Amendment Principles"

Lawfare Blog, Oct. 19, 2017 (with Richard Clarke).

"EU Judges US Surveillance Law"

Lawfare Blog, Sep. 11, 2017.

"Should the Leading Online Tech Companies Be Regulated as Public Utilities?"

Lawfare Blog, Aug. 2, 2017.

"WannaCry About Backdoors"

Future of Privacy Forum, Jun. 2, 2017.

"Why Cross-Border Government Requests for Data Will Keep Becoming More Important"

Lawfare Blog, May 23, 2017.

"Why CISOs Should Care About Developments in the EU"

National Technology Security Coalition (NTSC) Blog, Apr. 18, 2017.

"A "Qualified SPOC" Approach for India and Mutual Legal Assistance,"

Lawfare Blog, Mar. 2, 2017 (with Professor Deven Desai).

"What Will Trump’s Executive Order Do to U.S. Privacy Law and EU-U.S. Data Transfers?"

Alston and Bird, Privacy & Data Security Blog, Feb. 2, 2017 (with Lara Tumeh).

"Online Privacy and ISPs: ISP Access to Consumer Data is Limited and Often Less than Access by Others,"

Working Paper, The Institute for Information Security & Privacy at Georgia Tech, May 24, 2016 (with Justin Hemmings and Alana Kirkland).

This Working Paper provides a detailed, factual description of today's online ecosystem for the United States, with attention to user privacy and the data collected about individual users.

"Reforming Mutual Legal Assistance Needs Engagement Beyond the U.S.,"

Lawfare Blog, Mar. 1, 2016 (with Ian Brown and Vivek Krishnamurthy).

"European Union, U.S. agree on 'Privacy Shield' to protect data transfers,"

Georgia Tech Amplifier, Feb. 2, 2016.

"Explaining U.S. Surveillance Law Protections for an EU Audience,"

Lawfare Blog, Dec. 22, 2015.

"Solving the Unsolvable on Safe Harbor - The Role of Independent DPAs,"

IAPP Privacy Perspectives, Oct. 13, 2015.

Since the European Court of Justice (ECJ) announced its Schrems decision on October 6, there has been understandable consternation about what comes next—is there any legal and practical way forward on EU/U.S. data flows?

"Don't Strike Down the Safe Harbor Based on Inaccurate Views About U.S. Intelligence Law,"

IAPP Privacy Perspectives, Oct. 5, 2015.

Important legal decisions should be based on an accurate understanding of the law and facts. Unfortunately, that is not the case for the Advocate General’s (AG’s) recent Opinion finding that the Safe Harbor agreement between the U.S. and the EU unlawful.

"What the FBI Director Could Learn from the Rolling Stones,"

Huffington Post, Sep. 30, 2015 (with Richard A. Clarke).

The Declining Half-Life of Secrets,

Just Security, Jul. 23, 2015.

The Golden Age of Surveillance,

Slate, Jul. 15, 2015.

The USA Freedom Act, the President's Review Group, and the Biggest Intelligence Reform in 40 Years,

IAPP Privacy Tracker, Jun. 8, 2015.

This past week Congress finished approval of the USA Freedom Act, ending bulk collection under Section 215 of the USA PATRIOT Act. This article highlights the close fit between President Obama's Review Group on Intelligence and Communications Technology's work and the new law, as well as the multiple significant reform measures the Administration has already adopted without legislative change.

"A Historical Primer for This Week's Judicial and Congressional Actions on Section 215 Bulk Collection,"

IAPP Privacy Tracker, May 14, 2015.

The past week has seen two significant events concerning Section 215 of the USA PATRIOT Act—the most contentious legal issue in the wake of the Edward Snowden revelations. On May 7, the Second Circuit ruled that “the telephone metadata program exceeds the scope of what Congress has authorized and therefore violates” Section 215. On May 13, the House of Representatives approved the USA FREEDOM Act by 338-88, which, if enacted, would limit by statute collection of domestic telephone metadata and other records under Section 215.

"Atlanta Center of Health Privacy Issue"

Op ed in the Atlanta Journal-Constitution about the privacy issues resulting from breakthroughs in the "Health IT Capital," Atlanta.

"The Chinese Hacking Indictments and Why Economic Espionage Is Different,"

IAPP Privacy Perspectives, May 24, 2014.

The NSA Shouldn't Stockpile Web Glitches,

The Daily Beast, Apr. 18, 2014.

"Why Tech Companies and the NSA Diverge of Snowden,"

Washington Post, Jan. 31, 2014.

Op ed in the Washington Post about the cultural divide between Silicon Valley and D.C. on the Snowden revelations.

"Engineers and Lawyers in Privacy Protection: Can We All Just Get Along,"

IAPP Summit, Panel: “Re-engineering Privacy Law”, March 8, 2013.

With Annie Antón, this piece explores a key challenge for privacy protection, how lawyers and engineers can and must collaborate more effectively despite a wide gap in their training and culture.

"Protecting Citizens, and Their Privacy,"

New York Times, Dec. 10, 2013 (with other members of the Review Group).

"Why the New Senator Markey May Be the Most Influential Privacy Congressman in History,"

IAPP Privacy Perspectives, June 26, 2013.

"Telephone Records and PRISM - the First Job for the Privacy and Civil Liberties Oversight Board,"

IAPP Privacy Perspectives, June 7, 2013.

"Going Dark vs. Going Secure - New CDT Experts Report on CALEA II,"

IAPP Privacy Perspectives, May 16, 2013.

"How to Prevent the 'Do Not Track' Arms Race,"

Wired, Apr. 24, 2013.

"Alan Westin's Legacy of Privacy and Freedom,"

IAPP Privacy Perspectives, March 7, 2013.

"Moving Too Fast on Cybersecurity,"

thehill.com, Apr. 20, 2012.

"The Importance of a Homeowner Bill of Rights: New Mortgage Finance Rules are Good for Lenders, Borrowers, and Investors,"

Center for American Progress, Feb. 17, 2012 (with Jordan Eizenga).

"'Going Dark’ vs. ‘A Golden Age for Surveillance',"

Center for Democracy and Technology, Nov. 28, 2011 (with Kenesa Ahmad).

"How the Patriot Act affected privacy,"

The Privacy Advisor, IAPP, September, 2011.

"The Need for Consumer Protection Laws for Homeowners,"

Center for American Progress, Aug. 8, 2011.

"Avoding Voicemail Hacking in the US,"

thehill.com, Jul. 26, 2011 (with Christopher Soghoian).

"Why Privacy Legislation is Hot Now,"

thehill.com, Jun. 23, 2011.

"Delivering ERISA Disclosure for Defined Contribution Plans,"

June, 2011 (with Kenesa Ahmad).

"Ask the Expert: Peter Swire Answers Questions from Facebook Users on Internet Privacy,"

Center for American Progress, April 25, 2011.

What the Fair Credit Reporting Act Should Teach Us About Mortgage Servicing

Center for American Progress, Feb. 28, 2011.

"Getting Online Privacy Policy Right,"

Center for American Progress, Jan. 28, 2011.

"Homeowners are Consumers, Too,"

Center for American Progress, Dec. 23, 2010

"Stopping Foreclosures Amid Mortgage Modifications,"

Center for American Progress, Nov. 19, 2010.

"Bankers Should Take Personal Responsibility for the Mortgage Mess,"

Center for American Progress, Oct. 11, 2010.

"It’s Not the Campaign Any More: How the White House is Using Web 2.0 Technology So Far,"

Center for American Progress, June, 2009.

"Six New Media Challenges: Legal and Policy Considerations for Federal Use of Web 2.0 Technology,"

June 1, 2009.

"How to Buy Free Software: Procuring Web 2.0 Technology for the Federal Government,"

Center for American Progress, June, 2009.

"Smart Grid, Smart Broadband, Smart Infrastructure,"

Center for American Progress, Apr. 8, 2009.

"The FTC @ 100 and the Future of Consumer Protection,"

Testimony submitted to the Federal Trade Commission for the FTC at 100 Project, October 30, 2008.

"Tech Policy and the Financial Crisis,"

Talking Points Memo, Oct. 21, 2008.

"McCain’s Privacy Paper Gets His Own Record Wrong,"

The Wonk Room, August 15, 2008.

“The ID Divide: Addressing the Challenges of Identification and Authentication in American Society,”

Center for American Progress (2008) (with Cassandra Q. Butts).

"Bush’s Budget Repeats Cybersecurity Mistakes,"

Center for American Progress, Feb. 4, 2008.

"Privacy Key to Yahoo Merger; Microsoft Bid Must Ensure Safeguards,"

Center for American Progress, Feb. 1, 2008.

"Google and Privacy: Merger with DoubleClick Prompts New Privacy Guidelines,"

Center for American Progress, Dec. 20, 2007.

"We Are the Web,"

Center for American Progress, Dec. 18, 2007.

"Funding the FTC,"

Center for American Progress, Feb. 26, 2007.

“Transparency in Jeopardy,”

(Review of Alisdair McIntyre, Blacked Out: Government Secrecy in the Information Age), Issues in Science & Technology, Winter, 2007.

"Why There Are No Privacy Problems Raised by the Ohio Fair Minimum Wage Amendment,"

Oct., 2006.

"The Internet and the Future of Consumer Protection,"

31 J. Consumer Pol’y 473 (2009).

"Is Data Retention Secure?,"

Federal Computer Week, June 12, 2006.

"Disclosing Records Clearly Illegal,"

Cincinnati Enquirer, May 21, 2006.

"A Call for Action,"

Report from the National Consumers League Anti-Phishing Retreat, March 2006

"Research Report: Application of IBM Anonymous Resolution to the Health Care Sector,"

Apr., 2006.

"Justice Department Opinion Undermines Protection of Medical Privacy,"

Center for American Progress, June, 2005.

Section 215 of the Patriot Act

www.patriotdebates.com, Apr., 2005.

"The New Federal Privacy Officials,"

Privacy & Information L. Rept., Mar. 2005, at 8.

"Immutable Audit Logs – Accountability for Non-Transparent Systems,"

Markle Foundation Task Force on National Security (2005) (with Jeff Jonas).

"The Wrong Civil Liberties Board,"

Center for American Progress guest editorial, Sept. 2004.

"Has Technology Outstripped Telephone Legal Protections?"

Privacy Journal, June, 2004, at 3.

"Don’t Delete Internet Privacy,"

Detroit Free Press, Aug. 26, 2003.

“Protecting Privacy from the 'New Spam',"

Boston Globe, July 27, 2003, at E11.

"Enforcement of the HIPAA Privacy Rule: The Past Is Our Guide,"

Privacy & Information Law Reporter, June, 2003, at 1 (with Brian Busey).

“The Online/Offline Question,"

in “Considering Consumer Privacy: A Resource for Policymakers and Practitioners” (Center for Democracy and Technology 2003).

"Jonah, the Bible, and Environmental Values,"

Va. L. Weekly, Sept. 23, 1994, at 1.

"Lifting CRA's Threat to Mergers,"

American Banker, Jan. 5, 1993, at 4.

"Good Old Days Disappear in Banking Regulation,"

Va. L. Rept., Summer, 1991, at 21