On October 7, the Biden Administration released a new executive order “United States and European Commission Announce Trans-Atlantic Data Privacy Framework.” Long awaited, this order sets some rules around government surveillance and consumer privacy between the U.S. and the European Union. It implicates critical issues such as legal standards for terrorist investigations globally and carves out another “privacy shield” for the United States that has unique privacy laws by comparison to developed countries around the world. This order, while an important start, raises more issues than it answers, however. It marks a revitalization of information policy that could go much further in addressing vital issues both home and abroad.
2. The need for a reworking of the technical specifications that undergird the integrity of Fourth Amendment communications law;
3. A renewed critique of the Foreign Intelligence Surveillance Act (FISA) with an eye towards revoking “secret courts;”
4. Reform of our grossly antiquated wiretapping law, the Electronic Communications Privacy Act (ECPA); and the
5. Harmonization of government surveillance standards among democratic countries.