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The Demise of Safe Harbor and Rise of Privacy Shield

On October 6, 2015, the European Court of Justice (“ECJ”) ruled the US-EU Safe Harbor agreement invalid. The international agreement permitted companies to transfer digital information across the Atlantic, originating in the European Union (“E.U.”) and traveling to the United States (“U.S.”).

Op-ed Placement

A European Decision That Could Dismantle the Internet

In response to a recent legal decision in Europe, Google has released a new form for its European users that will allow them to request that links to certain articles about them be removed from the search engine. While European privacy advocates who have been pushing for a "right to be forgotten" may applaud this effort, the impact on the flow of information across the Internet is substantial. As Jonathan Zittrain of Harvard Law School puts it, "The most important harm of this decision is not to the search engine companies, but to the public at large, and its ability to find accurate public information." Rather than an open and public exchange of information, Europe's new law injects an online censor to govern the accessibility of freely available public information.