June 10, 2016

Data Privacy and Law Enforcement Access at Home and Abroad

2016 ACS National Convention

Ellen Nakashima

The Washington Post
Begin: 0:01

Jennifer Daskal

American University Washington College of Law
Begin: 4:20

Neal Katyal

Georgetown University Law Center
Begin: 9:05

Joseph DeMarco

DeVore & DeMarco LLP
Begin: 14:55

Chris Calabrese

Center for Democracy & Technology
Begin: 19:23

The battle over access to user data heated up this year with law enforcement seeking to require device manufacturers to “unlock” encrypted devices and to access data stored abroad under the control of American companies. Meanwhile, the U.S. and the U.K. have begun negotiations to allow the British government access to British user data based on U.K. legal standards, even though controlled by American companies and stored on U.S. soil. This panel addressed the critical questions being raised regarding the extraterritorial reach of domestic law, the applicability of substantive and procedural safeguards that protect privacy in these scenarios, and how to achieve the right balance between privacy and law enforcement needs in an increasingly interconnected and digitized world.


Ellen Nakashima, National Security Reporter, The Washington Post (moderator)
Chris Calabrese, Vice President for Policy, Center for Democracy & Technology
Jennifer Daskal, Assistant Professor of Law, American University Washington College of Law
Joseph DeMarco, Partner, DeVore & DeMarco LLP
Neal Katyal, Paul and Patricia Saunders Professor of National Security Law, Georgetown University Law Center; Partner, Hogan Lovells LL