AUTHOR ARCHIVES: Peter Swire


Peter Swire

Peter Swire is senior counsel on Alston & Bird's Privacy & Data Security Team. He has been a leading privacy and cyberlaw government official, academic and practitioner since the rise of the Internet in the 1990s. 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

What Will Trump’s Executive Order Do to U.S. Privacy Law and EU-U.S. Data Transfers?

Posted on: 02 Feb 2017

On the third day of his presidency, President Trump signed an immigration-related executive order raising significant questions about the future of U.S. privacy law and EU-U.S. data transfers.  The order, titled “Enhancing Public Safety in the Interior of the United States” (“Executive Order”), directs agencies to “ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.”[1] The Executive Order has raised a number of questions, among them, […] Read more