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> Could someone explain to me how this should work? I think the general idea is that Facebook and co. will need to spend their lobbying influence and dollars o
by anonymousab 5y ago
> Could someone explain to me how this should work?
I think the general idea is that Facebook and co. will need to spend their lobbying influence and dollars on getting FISA and the CLOUD act changed to allow them to make the necessary privacy and integrity guarantees for the European user data. And/or for the US to make those changes to get or keep the same kind of market access.
The former is unlikely at best and the latter would require the kind of "giving in" that the US gov does not like to do. I think continual can kicking or eventual EU capitulation is more likely.
- Grollicus 5y agoHow do you think the EU can give in here? They've tried it twice and European courts have decided twice that it's impossible.
- Macha 5y agoI mean, the courts have decided it's impossible in the context of current EU laws. The EU could always change those laws. But I think the likelihood of that is low, both because they're for relatively popular (in Europe) goals, even if the malicious compliance outcomes themselves are somewhat unpopular, and just the EU's makeup in general makes it a very slow moving body and it'd be relatively hard to get the agreement to reverse here.
- Grollicus 5y agoSchrems II is based on the argument that there is no due process for EU citizens to even check if data collection in the US is legal. That's a constitutional argument, it doesn't help to change laws. Or, well, as "constitutional" as it can get with the EU.