AUTHOR ARCHIVES: Justin Hemmings


Justin Hemmings

Justin Hemmings is an associate in Alston & Bird’s Technology practice and Cybersecurity Preparedness & Response Team. He focuses his practice on cybersecurity, data security and information privacy. Read more→

Irish High Court Refers Schrems 2.0 to the ECJ

Posted on: 13 Apr 2018

On April 11, Justice Caroline Costello of the Irish High Court referred the Schrems 2.0 case to the Court of Justice of the European Union (ECJ) with 11 questions for the ECJ to answer. Per Justice Costello, the sole issue in the case is whether the European Commission’s Decisions regarding standard contractual clauses (SCCs) are valid, which is reflected in the 11 questions posed. The reference asks the ECJ to determine: Whether provisions of EU law related to national security, public security, defense, and state security apply to transfers of data outside the EU under SCCs; Whether […] Read more

The CLOUD Act and its Impact on Cross-Border Access to the Contents of Communications

Posted on: 25 Mar 2018

On Friday morning, March 23, President Trump signed the $1.3 trillion omnibus spending bill into law, including the Clarifying Lawful Overseas Use of Data (CLOUD) Act, and in doing so established a sea change in the rules for cross-border government access to the contents of electronic communications. The CLOUD Act consists of three core components: (1) resolving the main issue in the Microsoft Ireland case pending before the U.S. Supreme Court, (2) providing a process for entities to request a comity analysis for potential conflicts with non-U.S. legal obligations, and (3) removing legal barriers […] Read more

Supreme Court Hears Oral Argument in the Microsoft Ireland Case

Posted on: 06 Mar 2018

On Tuesday, February 27th, the U.S. Supreme Court heard oral argument in United States v. Microsoft Corp. on whether a warrant issued under the Stored Communications Act (SCA) can compel the production of data stored outside the United States. Where Microsoft argues that the emails stored outside the United States also lie outside the reach of the SCA, the government contends that the SCA focuses on “classically domestic content,” and that Microsoft can be compelled within the U.S. to turn over records it controls regardless of where the data sought is stored. This case began in December […] Read more

NIST Releases Updated Cyber Framework V1.1

Posted on: 06 Dec 2017

On December 5, 2017, the National Institute of Standards and Technology (NIST) released a revised draft of its proposed updates to its Framework for Improving Critical Infrastructure Cybersecurity. The revised draft includes a new section on communicating with stakeholders about cybersescurity requirements, addresses stakeholder concerns regarding cybersecurity supply chain risk management and measuring cybersecurity risks and benefits, and addresses six new topics, including the Cyber-Attack Lifecycle. NIST has updated both the Framework and its accompanying Roadmap. The revised Framework includes […] Read more

Professor Peter Swire Publishes his Expert Testimony from Schrems 2.0

Posted on: 12 Sep 2017

Peter Swire, Elizabeth and Thomas Holder Chair at the Georgia Tech Scheller College of Business and senior counsel at Alston & Bird, has made public his expert testimony from the landmark Irish High Court Case Data Protection Commissioner v. Facebook Ireland Limited & Maximillian Schrems. Under the Irish Court’s rules, Swire was asked to provide an independent opinion on U.S. surveillance law to assist the Court in its decision. Swire’s testimony highlights U.S. systemic remedies, U.S. individual remedies, Foreign Intelligence Surveillance Court oversight, and the broader implications […] Read more

Alston & Bird Issues Cyber Alert on the New Chinese Cybersecurity Law and Regulations

Posted on: 27 Jun 2017

On Monday, June 26, 2017, Alston & Bird’s Kim Peretti, Justin Hemmings, and Emily Poole issued an advisory on recent changes in Chinese Cybersecurity Law. The new law asserts greater control over all data collection and generation in China, as well as the processing of data from Chinese data subjects. While the law entered into force on June 1, 2017, there is still uncertainty as to how the law will be interpreted and enforced, including which companies are subject to the law. The Advisory explores the scope and requirements of the Cybersecurity Law and reasonable interpretations of the […] Read more

Fourth Circuit Court of Appeals Allows Wikimedia Upstream Suit to Proceed

Posted on: 25 May 2017

On May 23, 2017, the Fourth Circuit Court of Appeals issued its opinion on Wikimedia foundation v. NSA/CSS. The Court vacated and remanded the NSA’s previously successful motion to dismiss Wikimedia’s Fourth and First Amendment claims against the NSA’s Upstream surveillance program, while a 2-1 majority upheld the dismissal of the eight other organizations joined as co-plaintiffs. The Court held that Wikimedia’s complaint contained sufficient factual allegations to determine Article III standing and that the District Court misapplied Clapper v. Amnesty International USA’s analysis of […] Read more

Swire Discusses European Data Economy at European Political Strategy Centre Policy Hearing

Posted on: 02 May 2017

Peter Swire, Alston & Bird Senior Counsel and Nancy J. and Lawrence P. Huang Professor of Law and Ethics at the Georgia Institute of Technology’s Scheller College of Business, recently participated in a policy hearing held by the European Political Strategy Centre, the in-house think tank of the European Commission. Swire joined five other experts in answering a series of questions posed by the Centre’s moderators on how Europe can build its data economy to compete globally, protect fundamental privacy rights, and guard against anti-competitive behavior. In his remarks, Swire pointed […] Read more

New York High Court Denies Facebook’s Challenge of Bulk Stored Communications Act Warrants

Posted on: 02 May 2017

The Court of Appeals for the State of New York recently rejected Facebook’s appeal of its challenge to bulk search warrants issued pursuant to the Stored Communications Act (SCA) and separately challenged the warrants’ nondisclosure component. The Court affirmed the lower court’s ruling that Facebook could not appeal the rejection of its motion to quash the SCA warrant. In this case, at the request of the Manhattan District Attorney’s Office, the New York Supreme Court issued 381 warrants directing Facebook to “retrieve, enter, examine, copy, analyze, and . . . search” the targeted […] Read more

New York Attorney General Announces Record Number of Data Breach Notices in 2016

Posted on: 24 Mar 2017

On March 21, 2017, New York Attorney General (NYAG) Eric T. Schneiderman announced that his office had received a record breaking 1,282 data breach notices to his office affecting 1.6 million New York residents during 2016. Compared to 2015, these figures represent a 60 percent increase in the number of notices and a 300 percent increase in the number of New York residents affected. These research figures build on the NYAG’s 2014 report “Information Exposed: Historical Examination of Data Security in New York State,” which analyzed eight years of security breach statistics in New York from […] Read more