Professor Daskal's "Privacy and Security Across Borders" Published in the Yale Law Journal
April 1, 2019
Abstract: Three recent initiatives—by the United States, European Union, and Australia—are opening salvos in what will likely be an ongoing and critically important debate about law enforcement access to data, the jurisdictional limits to such access, and the rules that apply. Each of these developments addresses a common set of challenges posed by the increased digitalization of information, the rising power of private companies delimiting access to that information, and the cross-border nature of investigations that involve digital evidence. And each has profound implications for privacy, security, and the possibility of meaningful democratic accountability and control.
About Jennifer Daskal: Professor Daskal teaches and writes in the fields of criminal, national security, and constitutional law. From 2009-2011, Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice. Prior to joining DOJ, Daskal was senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff. She also spent two years as a national security law fellow and adjunct professor at Georgetown Law Center. From 2016-2017, she was an Open Society Institute Fellow working on issues related to privacy and law enforcement access to data across borders. Her full bio is here.