Government data surveillance law in Europe and the United States has reached a turning point for the future of information privacy online.   The democracies on both sides of the Atlantic are trying to balance the legitimate needs of the law enforcement and intelligence communities to access online transactional data with the basic rights of citizens to be free from state intrusions on their privacy.  However, the US and EU regimes offer an impossible dilemma for the existence of effective information privacy protection. American law generally focuses on access restraints for government to obtain privately held information and ignores the collection and storage of data.   By contrast, Europe emphasizes rules related to the collection and retention of data and focuses less on due process obstacles for government access.   In each system, proportionality and the privatization of state surveillance activity become keys to the transparency of citizen’s data .   But the reliance on proportionality is untenable and the imposition on private actors to resolve the balance between state and individual interests creates a fundamental undermining of online privacy.

This event is free and open to the public, but registration is required. 2.0 hours of MCLE credit will be available for attendees.

Presented by Professor Joel Reidenberg with responses by Kurt Wimmer and Professor Anu Bradford. Moderated by Professor Paul Schwartz.

Schedule

Registration 3:00 - 3:30 pm
Presentation 3:30 - 5:30 pm
Reception 5:30 - 6:30 pm