J.R.McHale

The Judgment of the Court of Justice of the European Union (October 6, 2015)

Press Release of the Court of Justice of the European Union

Interview (Wall Street Journal) with the new President of the European Court of Justice

News Reports:

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid – New York Times

This Privacy Activist Has Just won an Enormous Victory Against U.S. surveillance – Here’s How – Washington Post

Layperson Explainer:

US and EU in Data Privacy Clash: What You Need to Know – CNBC

Subsequent Developments – What Now?

Privacy Watchdogs Give EU, US Three Months to Negotiate New Safe Harbor Deal If There’s No New Deal by the End of January, National Data Protection Authorities Threaten Coordinated Legal Action Against Offending Companies – PCWorld

Europe’s Top Digital-Privacy Watchdog Zeros In on U.S. Tech Giants – New York Times

U.S. Tech Firms Look To Data Centers on European Soil – Wall Street Journal

Plaintiff Max Schrems:

Tech Companies Like Facebook Not Above the Law, Says Max Schrems; Austrian Student Who Took on Facebook over Data Privacy in the European Court of Justice and Won Says the Fightback is Just Beginning – The Guardian

First Thoughts on Decision C-362/14 – Max Schrems at Europe v. Facebook; Also see more Max Schrems reaction and background (pdf)

Big Tech Reaction:

The Collapse of the US-EU Safe Harbor: Solving the New Privacy Rubik’s Cube – Microsoft President and Chief Legal Officer, Brad Smith

Eric Schmidt Thinks a Ruling by Europe’s Top Court Threatens ‘One of the Greatest Achievements of Humanity’ – Business Insider

Other Reaction and Analysis:

Here’s How the Facebook Case has Just Transformed the Surveillance Debate – Washington Post

No Safe Harbor: How NSA Spying Undermined U.S. Tech and Europeans’ Privacy – EFF

Behind the European Privacy Ruling That’s Confounding Silicon Valley – New York Times

Fallout From EU-US Safe Harbor Ruling will be Dramatic and Far-Reaching; Clever Ruling by the Court of Justice will be Almost Impossible to Circumvent – ArsTechnica

Schrems v. Data Protection Commissioner – Some Inconvenient Truths The European Court of Justice Ignores and Surveillance Reform Is Only Hope for Reviving Safe Harbor – both by Timothy Edgar at LawFare

Adding Some Nuance on the European Court’s Safe Harbor Decision – Megan Graham at LawFare

Europe’s Top Court Goes Off the Rails – Richard Epstein at Politico

The Party’s Over: EU Data Protection Law after the Schrems Safe Harbour Judgment – EULaw.Analysis

My FT Oped on the Safe Harbor Fallout – Evgeny Morozov

Europe Has to Rebuild Its Safe Harbor – BloombergView Editorial Board

Enacting ECPA Reforms Will Help Resolve the US-EU Safe Harbor Negotiations – The Hill