The US Senate Commerce Committee will start a hearing on the #PrivacyShield in a couple of minutes, with professors Peter Swire, @neilmrichards, @FTCPhillips @victoriaespinel and Jim Sullivan. Watch it here: https://www.commerce.senate.gov/2020/12/the-invalidation-of-the-eu-us-privacy-shield-and-the-future-of-transatlantic-data-flows

@FTCPhillips "On the Privacy Shield framework we have brought over 60 cases."

Per Noah Phillips:
"The US is at least as protective to privacy as many of the states of the EU".
"European allies regularly partner with the US to assist in their collection of intelligence data".
"When it comes to enforcement of privacy, we are second to none"

@victoriaespinel reminds all that the US Government and the BSA were actually part of the proceedings in front of the Court of Justice in #SchremsII.

@victoriaespinel "we need longer term, sustainable way to address the underlying issues. We all understand that some amount of SIGINT is necessary in a liberal democracy, but the question is what guardrails and safeguards are needed?" Hear Hear #SchremsII

@peterswire hits the nail on its head: let's all keep in mind these are constitutional issues. I would add that these are constitutional issues both in Europe and in the US.

@peterswire: It's important to negotiate a deal in the short term, before Jan 20 if possible,even if it is a one year deal. It provides time for Congress to look at broader proposals. It may seem impossible, but negotiating it in the first days of an administration is challenging

@peterswire says that maybe EU should also look into changing their laws, as part of the negotiations.

@neilmrichards says that "the Schrems litigation is a creature of distrust" and that it stems from an inadequacy of federal safeguards, and from Snowden revelations.

@neilmrichards "Comprehensive consumer privacy reform coupled with federal surveillance reform could result in an adequacy determination by the Commission. The ECJ in #SchremsII specified 3 factoids: appropriate safeguards, enforceable rights, effective legal remedies"