Why US Surveillance Law Protections Are Better Than Europe Thinks

[Commentary] Is US surveillance law fundamentally compatible with European Union data protection law? What actions and reforms has the US taken since the Edward Snowden revelations began in June 2013? To assist the consideration of these issues, I have prepared a 40-page white paper, published by the Future of Privacy Forum, that provides clear answers, with copious footnotes, to these important questions.

The paper has three chapters:
First, there is a fundamental equivalence of the United States and EU member states as constitutional democracies under the rule of law.
Second, the Section 702 PRISM and Upstream programs are reasonable and lawful responses to changing technology.
Third, the U.S. Congress and executive branch have instituted two dozen significant reforms to surveillance law and practice since 2013.

[Peter Swire is the Huang Professor of Law and Ethics at the Georgia Tech Scheller College of Business, and Senior Counsel with Alston & Bird LLP.]