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Wed, Apr 14, 2021

Do continued EU data flows to the United Kingdom offer hope for the United States?

As the Biden administration and the European Commission “intensify” negotiations to re-establish a stable transatlantic data-transfer framework, Brussels separately is moving ahead to enable unrestricted data flows with two other major trading partners: the United Kingdom and the Republic of Korea.

New Atlanticist by Kenneth Propp

Digital Policy European Union

Mon, Feb 1, 2021

Speech moderation and militant democracy: Should the United States regulate like Europe does?

Many Americans’ sunny faith in a robust media “marketplace of idea”’ is being tested. The European historical experience that informs “militant democracy” and speech-invasive privacy laws remains largely alien here. But adjustments at the margins, particularly in the areas of process, are possible and desirable.

New Atlanticist by Kenneth Propp

Digital Policy Europe & Eurasia

Tue, Dec 15, 2020

Lessons from a Privacy Shield post-mortem on Capitol Hill

A hearing on the consequences of the European Court of Justice's invalidation of the EU-US Privacy Shield illuminated the deepening transatlantic divide over data transfers, and it highlighted the early challenge the subject looks to pose for President-elect Joe Biden’s administration, which is eager to repair US-EU relations.

New Atlanticist by Kenneth Propp

Digital Policy Europe & Eurasia

Kenneth Propp is director for Global Trade Policy at BSA | The Software Alliance, whose members are major software companies. He advises and advocates on data trade, privacy, security, and other regulatory issues in the United States and major international markets. From 2011-2015, he served as Legal Counselor at the U.S. Mission to the European Union, in Brussels, Belgium, where he led U.S. Government engagement on privacy law and policy and digital regulation, and advised on trade negotiations with the EU. In previous assignments for the Office of the Legal Adviser, U.S. Department of State, Professor Propp specialized in legal issues relating to international criminal law and international trade and investment law. He also served as legal adviser to the U.S. Embassy in Germany. Professor Propp holds a J.D from Harvard Law School and a bachelor’s degree from Amherst College. In 2016, he taught European Union law as an adjunct faculty member at George Mason University School of Law.