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Vanderbilt Law School Faculty Publications

Fourth Amendment

2009

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Separated By A Common Language?, Yesha Yadav Jan 2009

Separated By A Common Language?, Yesha Yadav

Vanderbilt Law School Faculty Publications

This paper examines recent controversies in the legal and policy debate between the U.S. and the EU on the sharing of data in the implementation of transatlantic counter-terrorism measures. The nexus between law and policy in this area is particularly close, reflecting the preferences each jurisdiction has in protecting civil liberty and security interests. While the U.S. and the EU offer differing legal frameworks on data privacy, the strategic importance of data in counter-terrorism law and policy necessitates a joint approach. A failure to arrive at such an approach can result in a series of bilateral agreements between the U.S. …