The Transatlantic Data War: Europe Fights Back against the NSA – with Abraham Newman

Last October, the European Court of Justice struck down the Safe Harbor agreement, a 15-year-old transatlantic arrangement that permitted U.S. companies to transfer data, such as people’s Google-search histories, outside the EU. In invalidating the agreement, the ECJ found that the blurry relationship between private-sector data collection and national security in the United States violates the privacy rights of EU citizens whose data travel overseas. The decision leaves U.S. technology companies with extensive international operations on shaky legal ground.

Although some informed American observers anticipated the decision, most were caught flat-footed; some seemed downright bewildered. Myron Brilliant,

Henry Farrell and Abraham Newman, “The Transatlantic Data War: Europe Fights Back against the NSA,” Foreign Affairs (January/February 2016).

Access the full article here.

Other Writing:

Chapter in an Edited Volume

“Negotiating Privacy across Arenas – The EU-US ‘Safe Harbor’ Discussions,” in Common Goods: Reinventing European and International Governance – ed. Adrienne Hèritier

Much recent theoretical attention has been devoted to the provision of common goods across arenas. The normal problems of common good provision (Olson 1968; Hardin 1982) are exacerbated when these problems spill across arenas (there are usually no actors capable of imposing hierarchical solutions), but there are also new difficulties. Solutions in one particular arena ...
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Chapter in an Edited Volume

“Weaponized Interdependence and Networked Coercion: A Research Agenda,” in The Uses and Abuses of Weaponized Interdependence – with Abraham Newman – eds. Daniel Drezner, Henry Farrell and Abraham Newman

When we initially wrote our article on weaponized interdependence, we hoped that it would help people think more clearly about how economic coercion was changing. We did not anticipate either the reception that the argument has gotten or how dramatically the changes that we wanted to understand would accelerate, thanks to factors including the deterioration ...
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