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).

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Other Writing:

Academic Article

Institutions and Majority Rule in Online Communities – with Melissa Schwartzberg

Norms, Minorities, and Collective Choice Online Much work in political science and political theory, ranging from the arguments of eighteenth-century political theorists, such as Condorcet and Rousseau, to modern social-choice theory, concerns the relationship between decision rules and collective choice. It is emphatically clear that the former have important consequences for the latter. Individuals’ preferences ...
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Academic Article

The New Politics of Interdependence: Cross-National Layering in Trans-Atlantic Regulatory Disputes – with Abraham Newman

How are regulatory disputes between the major powers resolved? Existing literature generally characterizes such regulatory disagreements as system clash, in which national systems of regulation come into conflict, so that one sets the global standard, and the other adjusts or is marginalized. In this article, we offer an alternative account, which bridges early literature on ...
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