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

The Janus Face of the Liberal International Information Order: When Global Institutions are Self-Undermining – with Abraham Newman

Henry Farrell and Abraham Newman (2021), “The Janus Face of the Liberal International Information Order: When Global Institutions are Self-Undermining,” International Organization Vol 75, No.2:333-58 (75th anniversary special issue). Scholars and policymakers long believed that norms of global information openness and private-sector governance helped to sustain and promote liberalism. These norms are being increasingly contested ...
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Chapter in an Edited Volume

The Invisible Transformation of the Co-decision Procedure: Problems of Democratic Legitimacy, Institutional Challenges in Post-Constitutional Europe: Governing Change eds. Catherine Moury and Luis de Sousa – with Adrienne Hèritier

The relationship between Council and Parliament within the codecision procedure involves a plethora of informal and semi-formal meetings in which many of the real decisions about legislation are taken, with little scope for public oversight. In the light of the current debate on the future of European Union, the report will address the question what ...
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