MassTLC Privacy and Policy Series: The CLOUD Act & Other Government Access Programs Versus Customer Privacy
Tuesday, May 1, 2018 (8:00 AM - 10:00 AM) (EDT)
This series is for Member CXOs, GCs, and policy focused roles.
Hour 1: The CLOUD Act & other government access programs versus customer privacy
Hour 2: Encryption and “Back Doors”
In response to Microsoft v United States – , the Supreme Court case in which a Microsoft challenged the U.S. government’s ability to access data stored outside the USA – Congress recently passed the CLOUD Act. This legislation makes clear that courts can issue orders for data stored outside US borders and also provides authority for new international agreements to facilitate U.S. and foreign government access to data held overseas. This session will explain the CLOUD Act, explore how it changes the legal landscape for cross-border data transfers, and discuss the prospects for entering into the reciprocal international agreements authorized by the Act. In addition, the session will discuss the potential implications of two other cases in the Supreme Court that may shape how expectations of privacy are defined: Carpenter v. United States, which may address the longstanding third-party doctrine in the context of cell phone location records, and Byrd v. United States, which involves the impact of a car rental agreement on expectations of privacy. And if that weren’t enough, Congress is also considering a variety of other legislation to update the ways the government gets access to information. The session will consider how current laws allow for the protection of employees and customers and ask how new developments may affect technology and technology enabled companies?
Featuring: Christopher Fonzone, Partner, Sidley Austin & former Deputy White Counsel, and Jack Pirozzolo, Partner, Sidley Austin & former First Assistant United States Attorney for Massachusetts
The encryption of data at rest and in transit is growing in importance as a way to guard security and privacy and, while the courts and Congress are considering new rules of the road with respect to cross-border and third-party data, Congress reportedly is also drafting legislation on encryption. The debate on this topic stretches back decades, with the sides well known: Christopher Wray is only the latest FBI Director to declare encryption a “public safety issue” and call for built-in government access to encrypted communications. and, while some frame this as choice between security and privacy, the essential choice is about different aspects of security. The session will discuss questions like the following: Are there ways to provide government access without compromising security? What’s next for the “Going Dark” debate? What form may legislation take?
Featuring: Susan Landau, Bridge Professor at the Fletcher School and School of Engineering at Tufts and Member of the National Academy of Sciences study committee on encryption.