4.8 • 45 Ratings
🗓️ 10 July 2017
⏱️ 27 minutes
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0:00.0 | Welcome to the Tech Policy Podcast. I'm Evan Swartzchrober. On today's show, cross-border data, |
0:09.8 | as our lives continue to move online and our data are stored all over the world, |
0:14.3 | questions on how law enforcement can get access to data, to have investigations and to bring people to justice, |
0:20.7 | it's budding up against civil |
0:21.8 | liberties and due process protections. And there's this ongoing balancing act. How can we make |
0:26.7 | sure that we can keep people safe without violating civil liberties or actually compromising the |
0:31.6 | security of our digital products? So joining me to discuss this are two excellent guests. |
0:36.6 | Jennifer Daskell, Associate Professor at the Law at American University, Washington College of Law. Jennifer, thanks for joining the show. be here. Thanks. Last time we were talking about botnets. So if anyone is interested in that, we'll make sure to link to that as well. |
0:55.0 | So Congress has been looking at this problem, right? |
0:57.3 | Because now we have just this borderless nature of the internet. |
1:00.3 | And just because I live in the U.S. doesn't mean my data are stored here. |
1:03.4 | And that applies to people all over the world. |
1:05.6 | And there's this ongoing problem of when a domestic law enforcement agency in any country, it could be a city police |
1:12.9 | agency, it could be a national intelligence agency, they need data that are stored somewhere else. |
1:17.6 | And now it's your system and their system and how do we bridge the gap. |
1:21.6 | So Jennifer, I'll start with you, you know, when this term cross-border data requests, |
1:26.1 | like what comes to mind just initially |
1:27.7 | to kind of give the listeners a sense of what we're debating here? |
1:30.4 | Sure. |
1:31.0 | So I think there's kind of two key issues here. |
1:33.2 | One is a question of the scope of U.S. warrant authority to reach data that happens to be |
1:39.1 | held outside the United States. |
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