State of the Net: Internet Governance, IANA Transition, EU Safe Harbor

International Perspectives of the State of Governance on the Internet (56 mins) with Larry Strickling, Assistant Secretary for Communications and Information, United States Department of Commerce, NTIA; and Bertrand de la Chapelle, Director, Internet & Jurisdiction Project. 

MODERATOR: Cheryl Miller, Director, International Public Policy and Regulatory Affairs, Verizon.

High Noon for the IANA Transition (63 mins) PANEL: Steve Crocker, Chair of the ICANN Board of Directors; Alissa Cooper, Distinguished Engineer, Cisco; Steve DelBianco, Executive Director, NetChoice; David Redl, Counsel, U.S House Committee on Energy and Commerce; Greg Shatan, Partner, Abelman Frayne & Schwab; Chris Wilson, Vice President, Government Affairs, 21st Century Fox. MODERATOR: Laura DeNardis American University

The Collapse of the EU Safe Harbor: Assessing the Damage and Exploring Solutions (59 mins) INTRODUCTION: Justin Antonipallai, Counselor to the Secretary with Delegated Duties of Under Secretary for Economic Affairs, U.S. Department of Commerce; PANEL: Andrea Glorioso, Counselor, Delegation of the European Union to the U.S.; Bijan Madhani, Public Policy & Regulatory Counsel, Computer & Communications Industry Association; Meg Jones, Assistant Professor, Georgetown University; MODERATOR: Kelly A. DeMarchis, Counsel, Venable LLP.

See also: Europe’s Top Digital-Privacy Watchdog Zeros In on U.S. Tech Giants - The New York Times: ".... A number of digital-rights advocates, including Mr. Schrems, are also preparing new privacy cases if a data-transfer deal is not reached by Feb. 1. That will most likely cause more problems for American tech giants, pushing Ms. Falque-Pierrotin and her European counterparts to consider new investigations — and, eventually, fines. But her position on protecting personal data continues to appear unwavering. “Does the U.S. provide sufficient privacy guarantees?” she said. “Until now, the answer is no.”"

more info:

• The 12th Annual State of the Net Conference: January 25, 2016, at the Newseum’s Knight Conference Center, Washington, DC
• State of the Net - The largest Internet policy conference in the U.S.
• Domain: stateofthe.net
• @SOTN (twitter)

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Data Privacy: EU Court Strikes Down EU-US Safe Harbor, US Tech Losers

"... For all those reasons, the Court declares the Safe Harbour Decision invalid. This judgment has the consequence that the Irish supervisory authority is required to examine Mr Schrems’ complaint with all due diligence and, at the conclusion of its investigation, is to decide whether, pursuant to the directive, transfer of the data of Facebook’s European subscribers to the United States should be suspended on the ground that that country does not afford an adequate level of protection of personal data." EU Court decision, October 6, 2015 (emphasis added)

Europe’s highest court has struck down the “safe harbor” agreement between the US and EU, which has potentially enormous negative consequences for all US companies involved in transfer of data from EU citizens to the US, e.g., Facebook, Google, Microsoft, etc. 

U.S. Department of Commerce Secretary, Penny Pritzker, immediately responded with following statement in response to the European Court of Justice decision regarding the "Safe Harbor Framework"--

“Since 2000, the Safe Harbor Framework has proven to be critical to protecting privacy on both sides of the Atlantic and to supporting economic growth in the United States and the EU. We are deeply disappointed in today’s decision from the European Court of Justice, which creates significant uncertainty for both U.S. and EU companies and consumers, and puts at risk the thriving transatlantic digital economy. Among other things, the decision does not credit the benefits to privacy and growth that have been afforded by this Framework over the last 15 years.

For the last two years, we have worked closely with the European Commission to strengthen the U.S.-EU Safe Harbor Framework, with robust and transparent protection, including clear oversight by the Department of Commerce and strong enforcement by the U.S. Federal Trade Commission.

The court’s decision necessitates release of the updated Safe Harbor Framework as soon as possible.

We are prepared to work with the European Commission to address uncertainty created by the court decision so that the thousands of U.S. and EU businesses that have complied in good faith with the Safe Harbor and provided robust protection of EU citizens’ privacy in accordance with the Framework’s principles can continue to grow the world's digital economy.”

For more information:

• Application, Opinion, and Judgment: curia.europa.eu/juris/documents C-362/14
• Press Release: http://g8fip1kplyr33r3krz5b97d1.wpengine.netdna-cdn.com/wp-content/uploads/2015/10/schrems-judgment.pdf
• Legal analysis: http://www.expvc.com/2015/10/eu-court-invalidates-eu-us-safe-harbor.html

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