Privacy Déjà Vu: Crypto, Government Surveillance and Safe Harbor, Peter Swire Georgia Tech/Alston & Bird IAPP Summit April 4, 2016

Overview  Big issues in  Encryption  Government surveillance  EU/US trans-border flows  Why the issues have returned  What that means for privacy professionals

Encryption “Going Dark” vs. “The Golden Age of Surveillance”

Government Surveillance:

Safe Harbor: EU Reform & Trans-Border Feb ‘16: Commission; soon, Article 29 Also, General Data Protection Regulation

Why the déjà vu? What took so long?  Previous article that we are now in the “Second Wave of Global Privacy Protection”  US first wave: HIPAA, GLBA, COPPA, privacy policies, strong encryption for export; caution about Carnivore/surveillance  After September 11:  Security > privacy  Strong support for “connecting the dots”  War on terrorism and war in Iraq/Afghanistan  Limited support for private sector regulations

More on the 2d Wave of Privacy Protection  Tech innovation since mid-2000s  Social media  Mobile, pervasive smartphones  Cloud computing  Internet of Things  Big Data  Online advertising & many more  In US and EU, the Snowden effect  USA Freedom passed 2015

The Role of the EU  The role of the EU  Directive enacted in 1995, in effect 1998 for EU member states  Over 100 countries now have privacy laws, often modeled on EU  General Data Protection Regulation is coming, with 4% fines and more  Safe Harbor/Schrems is part of a big re-boot of data protection, with global ramifications  “We have no choice. The European Court of Justice has ruled and we must comply.”

What Does This Mean for Privacy Professionals?  Those who don’t learn from history …  Maybe it’s even worth listening to people who’ve been in the field for a while...  It’s not always a bull market (for Wall Street, privacy, or cybersecurity)

The Combination of Technology and Policy  Technology  Moore’s Law  Change is the constant  We must keep updating our knowledge  Policy  Role of the EU  D President and R Congress  Inter-connection of public and private sector issues  The Podesta Report  Pent-up demand for answers  Technology eventually drives policy

Conclusion  You can gain insights from the previous rounds of these debates  Whatever the pressing emergency of the moment is, we’ll get past it  And, there will be a limitless supply of challenging new issues for you to learn about and help shape

Questions and Discussion  Your thoughts?