Without Confirming or Denying

Executive Order (EO) 14086 establishes an innovative two-tier redress mechanism for individuals with “qualifying complaints” about U.S. signal intelligence activities. One aspect of this mechanism has generated controversy: notification. EO 14086 requires that notification be provided “without confirming or denying that the complainant was subject to United States signals intelligence activities” (section 3(c)(i)(E)). In addition, … Continue reading Without Confirming or Denying

A System of Many Layers with Many Players

The European Data Protection Board is working on its advisory opinion regarding the European Commission’s draft adequacy decision on the EU-U.S. Data Privacy Framework. We at Privacy Across Borders are working on our own analyses of how well the executive order at the core of that framework—Executive Order 14086—hits the targets of necessity, proportionality, and … Continue reading A System of Many Layers with Many Players