Amicus (I hope?) curiae
In 2016 the EU approved and adopted the General Data Protection Regulation (GDPR), though it didn’t become effective until May 2018. The GDPR substantially increases the scope of organizations affected by the data protection legislation it replaces. It covers activities by organizations that aren’t even based in or physically located in an EU Member State. Any U.S. company that has a web presence (and so many do) and markets their products over the web will have to analyze their activities to assess whether they should come into compliance.
I spent the week exploring the reaches of the GDPR. I addressed questions like “what activities does it cover?” and “who has to come into compliance?” Because it only recently came into effect, there’s no case law to illuminate how the 88-page document might be interpreted. So instead, I scoured internet guides, interpretations of similar laws, and webinars. I compiled this research with a foray into statutory interpretation and created a memo that detailed the application of the GDPR, especially with regards to activities of NCSC.
We also went to the Supreme Court this week for the annual lecture that is put on by the Supreme Court Historical Society. The lecture we heard there was on the life and words of Justice Scalia. His son, Christopher Scalia was there with Edward Whelan to discuss a book they wrote (or, more accurately, compiled), which contains a collection of speeches that Justice Scalia gave during his lifetime. Paul Clement (I know, right?!) was there to lead the panel and ask questions to help us understand Justice Scalia and the impact that his words have.
It was an honor to be there.
As I was standing in front of the Supreme Court, I wanted to say something profound. Something to give the late, great Justice Scalia a run for his money. However, all I could think was “it’s so big.” And that’s true because it is a huge building. But it’s more than that, too. It’s take-your-breath-away big. It’s Marbury v. Madison and Obergefell v. Hodges big. [Sidebar: yes I am aware that Marbury didn’t technically happen in that building. It’s symbolic. Deal with it]. It’s a building that has seen dreams live and die. It is the home of a quiet, slow-moving power that can remold society. It has power built on words and phrases and how they are interpreted. (Don't believe me? See any debate on the Second Amendment, ever.)
As I was standing there blatantly gawking and having an absolute groupie moment, there was a tour group of elementary school kids being asked questions by their guide. Do you know how many Justices there are? Met with silence. Can you name any of them? Met with “umm Scalia?” shouted from the back row. How many female justices are there? More silence.
It’s funny how that works. These kids will live in a world affected by Masterpiece Cakeshop v. Colorado. Some will be personally affected by the decision, some will be lawyers, and some will be activists. But they probably won’t remember that they were there the day it came down.