Necessity, Proportionality, and Executive Order 14086.
TLS Senior Project Director Alex Joel provides an in-depth explanation of how EO 14086 addresses the Schrems II concerns regarding necessity and proportionality. The terms “necessary” and “proportionate” have specialized meanings under the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The paper examines in depth how the EO articulates and explains those terms, interpreting them in light of U.S. law and legal traditions. View the report here and the larger Privacy Across Borders Project here.
Content governance in the shadows: How Telcos & Other Infrastructure companies "Moderate" Online Content.
TLS Senior Fellow Prem M. Trivedi addresses significant policy challenges in online content governance activities by non-application layer internet infrastructure companies. In addition to exploring the nuances of the challenges, the paper makes recommendations for telcos to improve transparency about their practices and for how all non-application layer companies can consider substantive content governance principles. This paper is part of the TLS Addressing Harmful Content Online Project and is supported, in part, by the Anti-Defamation League. View the paper here.
Data Localization and Government Access to Data Stored abroad: Discussion Paper 2.
The Centre for Information Policy Leadership (CIPL) and Tech, Law & Security Program (TLS) have been collaborating on a project regarding data localization policies. As data localization is increasingly gaining traction, we seek to understand the different dimensions of the impacts and effectiveness of these policies. As part of this collaboration—CIPL published a paper on the “real life” business, societal, and consumer impacts of data localization policies and TLS published the present paper on whether data localization measures are legally effective in achieving one of their main ostensible purposes, i.e., to prevent foreign government access to data. View the paper here.
Combating Ransomware: One Year On.
This new paper revisits key ideas from the “Combating Ransomware” webinar series in view of ransomware’s evolution over the past year; identifies progress that has been made in the fight against ransomware; and identifies actionable recommendations for the future. These include recommendations designed to strengthen cyber defense, cyber offense, law enforcement efforts, the U.S. cyber incident reporting regime, cryptocurrency efforts, and international efforts. This report was jointly authored by V. Gerald Comizio, Gary Corn (TLS Program Director), William Deckelman (TLS Advisory Board Member), Karl Hopkins (TLS Advisory Board Member), Mark Hughes, Patrick McCarty, Sujit Raman (TLS Senior Fellow), Kurt Sanger, Ari Schwartz, Melanie Teplinsky (TLS Senior Fellow), and Jackson Colling (former TLS Student Fellow). View the report here.
Protecting Children in the Age of End-to-End Encryption.
Senior Project Director Laura Draper explores how to combat online child sexual exploitation and abuse when end-to-end encryption obscures the government’s access. Conversations about online child sexual exploitation and abuse often devolve into no-win arguments about the merits (or lack thereof) of end-to-end encryption. TLS Senior Project Director Laura Draper sidesteps this debate in the new report, Protecting Children in the Age of End-to-End Encryption, by assuming end-to-end encryption is here to stay, and focusing on how we can collaborate to combat these harms. View the project and report.
Making Space in Cybersecurity
TLS was an early signatory to the “Making Space” pledge. An initial list of signatories can be found here: Cybersecurity Coalition Pledge: “Making Space”.