Henry Farrell

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

Hybrid Institutions and the Law: Interface Solutions or Outlaw Arrangements?

May 1, 2002 Zeitschrift für Rechtssoziologie
Much discussion of law and e-commerce focuses on the extent to which e-commerce and the Internet weaken sovereign states’ effective control. Recently, in e-commerce, there has been a trend towards “hybrid institutions” which blend public oversight and private enforcement in the international arena. Do these institutions reflect the weakening of state legal orders, and the ...
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Academic Article

Interorganizational Cooperation and Intraorganizational Power: Early Agreements under Codecision and Their Impact on the Parliament and the Council – with Adrienne Hèritier

December 9, 2004 Comparative Political Studies 37 with Adrienne Hèritier
The authors argue that closer attention should be paid to the interorganizational rules of decision making and their implications for intraorganizational processes. They claim that exogenous changes in macro-institutional rules, which result in a move from formal and sequential to informal and simultaneous interaction between collective actors, will lead to changes in individual actors’ respective ...
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