In the News

Paul Schwartz in the news:

Microsoft, Ireland and a level playing field for U.S. Cloud companies

Paul Schwartz writes for Bloomberg BNA, August 3, 2016

The law now faces the task of clarifying questions about the international reach of a variety of a legal authorities and processes. In so doing, it should maintain a level playing field for U.S. cloud companies who store their data extra-territorially.

Kanye West may have broken the law by recording Taylor Swift call

Christopher Hoofnagle and Paul Schwartz quoted in The Guardian, July 19, 2016

“California is an ‘all-party consent’ wiretapping state. What that means is, even on things like a conference call, before you record it, you’re supposed to announce to everyone, ‘I’m going to record this call,’” said Chris Hoofnagle. … “There’s civil and criminal liability.”

Paul Schwartz … said Swift could also bring a “tort claim” alleging “public disclosure of private facts.”

Privacy and data security issues in M&A transactions – A checklist

Paul Schwartz co-writes for Lexology, May 17, 2016

Because the failure of a target company to meet its privacy and data security obligations can present a significant risk to the acquiring company, compliance with applicable laws should be an important consideration in merger and acquisition transactions.

The delayed revolution in digital financial services

Paul Schwartz writes for TechCrunch, April 9, 2016

Technology has transformed how we work, communicate and travel. In contrast, modern digital technology has not yet transformed financial services. Open data is the key to change in this sector of the economy.

Apple peels away at DOJ bid to unlock phones with NY win

Paul Schwartz quoted in Law360, March 1, 2016

“While the New York order is not directly binding outside this particular case, it does boost Apple because it undercuts the government’s argument that what is being requested in the San Bernardino case is minimal and unique by showing that these types of requests are being made all over the country,” said Paul Schwartz.

Lawyers anticipate more teeth in new data-transfer pact

Paul Schwartz interviewed by The Recorder (registration required) Feb. 3, 2016

“If that’s their new model,” Schwartz said, “people are going to have to take this much more seriously.”

VW refuses to give American states documents in emissions inquiries

Paul Schwartz interviewed by The New York Times, Jan. 8, 2016

“In the E.U., data protection is a fundamental right that is in the European charter,” said Paul M. Schwartz. … The German federal constitutional court has also identified a right to “informational self-determination,” he said. Such laws are “real obstacles,” he said, adding, “Europeans really take privacy seriously.”

Navigating the cloud: key regulatory issues to know

Paul Schwartz and Behnam Dayanim write for Daily Journal (registration required), October 22, 2014

Most of the rest of the world regulates data privacy with a different approach than the United States. The dominant global model refers to “data protection” and follows the European Union’s approach to regulation of the use of personal information. This divergence has profound implications for the cloud.

Where privacy meets surveillance: economic drivers control

Paul Schwartz cited in Law Technology News, October 8, 2014

It’s a fair bet that when the Berkeley Center for Law Technology’s 7th Annual Privacy Lecture ended, its attendees took away some compelling insights into government surveillance cases they may be asked to argue. The lecture was moderated by Paul Schwartz, Jefferson E. Peyser professor of law at the University of California, Berkeley School of Law.

Differing privacy regimes: a mini poll on mutual EU-US distrust

Paul Schwartz writes for Privacy Perspectives, July 22, 2014

Emotions are still running high in Germany about U.S. global surveillance activities. Indeed, outside the campus of the Goethe University, Frankfurt, I passed pro-Snowden posters stuck on telephone poles. The posters featured a simple suggestion for Germany’s policy in this matter: “Asyl,” that is, an offer of asylum in Germany for Snowden.

Rethinking privacy

Paul Schwartz quoted in Government Technology Magazine, June 2, 2014

The concept of privacy simply covers a lot of territory, and that’s part of the problem, said Paul Schwartz…. “It can mean everything and it can mean nothing,” he explained. “That can have some dangerous consequences.”

My dinner with Jan

Paul Schwartz noted in Privacy Perspectives, March 18, 2014

I suggested Jan for the keynote slot to conference organizer and Berkeley Law Prof. Paul Schwartz, thinking him to be a “long shot.”… Prof. Schwartz’ prominence, charm, power of persuasion and German language skills, as well as Berkeley’s prestige no doubt were compelling factors.

Is Sacramento the world’s capital of Internet privacy regulation?

Paul Schwartz, Deirdre Mulligan, Chris Hoofnagle quoted in Forbes TECH blog, January 6, 2014
Paul [Schwartz] explained that the state-federal dialogue has broken down because the current Congress is gridlocked. Meanwhile, California continues enacting “a tidal wave of California privacy laws.” He cautioned against waiting for a “federal Godot,” i.e., expecting Congress to reengage productively on privacy regulation.

Deirdre Mulligan … praised California’s long reputation for privacy leadership. She said regulators outside California look to California as a laboratory of experimentation, and those experiments have ripple effects across the globe.

Chris Hoofnagle … said notice-and-choice is based on rational choice theory, but consumers don’t always act rationally…. He believes consumers see the words “privacy policies” as seals, i.e., certifications of minimum protections. He favors correcting this by establishing minimum substantive legal standards for anyone who uses the term “privacy policy.”

From Petraeus scandal, an apostle for privacy

Paul Schwartz quoted in The New York Times, January 5, 2014
“They made a pretty good facial claim that the government violated the ‘no disclosure without consent’ rule,” said Paul M. Schwartz.

Privacy laws can create opportunities, limitations, California lawmakers advised

Deirdre Mulligan and Paul Schwartz quoted in Bloomberg BNA , December 16, 2013

“Privacy rules don’t necessarily erode innovation. Sometimes they’re the fabric of it,” said Deirdre Mulligan, co-director of the University of California Berkeley School of Law Center for Law & Technology.

The ‘California Effect’ is how what California does ripples across the nation and the world, said Paul Schwartz…. “The California Effect is typically the first stage. It would be followed by action in D.C.,” which Schwartz said has been lacking. “The question becomes in absence of action in D.C., what should we do?” he asked. The question is whether “to act or not to act” in the world’s ninth largest economy.

What is personally identifiable information (PII)? Finding common ground in the EU and US

Paul Schwartz co-authors article in Concurring Opinions, June 26, 2013

Numerous attempts have been made to bridge the gap between U.S. and E.U. privacy law, but a very large initial hurdle stands in the way. The two bodies of law can’t even agree on the scope of protection let alone the substance of the protections. The scope of protection of privacy laws turns on the definition of “personally identifiable information” (PII). If there is PII, privacy laws apply. If PII is absent, privacy laws do not apply.

Groups at odds over possible privacy provisions in US-EU trade agreement

Paul Schwartz quoted in Bloomberg BNA, May 27, 2013 (registration required)

It is “interesting that privacy is going to be looked at under the rubric of e-commerce,” Paul Schwartz, University of California Berkeley School of Law professor and co-director of the Berkeley Center for Law & Technology, told BNA…. The discussion about privacy will likely “become [ ] part of a larger e-commerce discussion” and thus will be a “much bigger discussion with different regulators,” he explained.

EU privacy and the cloud: consent and jurisdiction under the proposed regulation

Paul Schwartz writes for Bloomberg BNA, May 13, 2013

The Proposed Regulation extends EU privacy jurisdiction quite broadly…. While it is necessary and appropriate for the European Union to protect the online privacy interests of its citizens, the European Union should not become the super-regulator of all cloud companies regardless of the extent of an impact on its citizens.

IRS high-tech tools track your digital footprints

Paul Schwartz quoted in US News & World Report, April 5, 2013

“I don’t really see strong legal regulation in place to manage something of this magnitude,” says Paul Schwartz, University of California law professor and co-director of the Berkeley Center for Law & Technology. The IRS is working with the same kind of oversight and rules that were developed in the paper tax-return era, says Schwartz. But with the technology it now has, the agency can “see into people’s lives” as never before.

Report from the BCLT Privacy Law Conference in Palo Alto

Paul Schwartz cited in Datenschutz-Blog, April 2, 2013

From my perspective, a highlight was, in particular, the panel on “The EU-US Privacy Collision” on which Paul Schwartz (BCLT and Berkeley Law), Christopher Wolf (Hogan Lovells), Karl-Nicolas Peifer (University of Cologne) and Michael D. Hintze (Chief Privacy Counsel and Assistant General Counsel of Microsoft Corporation) were represented.