On January 9, 2017, Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO) reintroduced the Email Privacy Act, which would amend the Electronic Communications Privacy Act to require government entities to obtain a warrant, based on probable cause, before accessing the content of any emails or electronic communications stored with third-party service providers, regardless of how long the communications have been held in electronic storage by such providers.
Continue Reading Email Privacy Act Reintroduced in Congress

On January 10, 2017, the European Commission announced the final elements of its long-awaited “digital single market” strategy for Europe. The announcement includes two new proposed EU regulations as well as a European Commission Communication.
Continue Reading European Commission Announces Final “Digital Single Market” Strategy for Europe

On December 21, 2016, a judgment by the Court of Justice for the European Union that clarifies EU surveillance laws has called into question the legality of the UK’s Investigatory Powers Act 2016. The decision could have significant implications on the UK’s chances of securing “adequacy” status for its data protection regime post-Brexit.
Continue Reading CJEU Challenges Legality of UK Interceptions Laws

Recently, the Ministry of Industry and Information Technology of the People’s Republic of China published a draft of the new Notice on Regulating Business Behaviors in the Cloud Service Market for public comment. The draft is open for comment until December 24, 2016.
Continue Reading China Publishes Regulations Regarding Cloud Services for Public Comment

On December 12, 2016, Politico reported that the European Commission intends to replace the e-Privacy Directive with a Regulation. The planned shift from a Directive to a Regulation means that the Regulation will create a harmonized set of requirements at the EU level that are directly applicable in the Member States.
Continue Reading European Commission Plans to Upgrade e-Privacy Directive to a Regulation

On November 16, 2016, the UK Investigatory Powers Bill was approved by the UK House of Lords. The draft of the Bill has sparked controversy, as it will hand significant and wide-ranging powers to state surveillance agencies, and has been strongly criticized by some privacy and human rights advocacy groups.
Continue Reading UK Parliament Approves Investigatory Powers Bill