John H. Johnson

New IAPP Cheat Sheet: U.S. Data Security Program Download, print, laminate, and pin on the wall our just-published Cheat Sheet on the U.S. Department of Justice's final rule on protecting Americans' sensitive data, which took effect on 8 April 2025. The Data Security Program was adopted pursuant to Executive Order 14117 and is implemented by the DOJ's National Security Division. The DSP establishes controls to prevent foreign adversaries, and those subject to their control and direction, from accessing bulk U.S. sensitive personal data and U.S. government-related data. Download the cheat sheet -- link in comments. James Dempsey, Cheryl Saniuk-Heinig

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New Law or Lore Alert: Institutional Governance & SACSCOC Oversight Governance questions continue to surface across our membership from complex system structures to shifting board dynamics, and too often, fear and misunderstanding fill the gaps. In this week’s Law or Lore, I unpack what the Principles of Accreditation actually require, what they don’t, and why trust and clarity matter now more than ever. If you’ve ever wondered where SACSCOC’s oversight role begins and where it ends, this one’s for you. As always, you can view on our site, https://lnkd.in/eyPKJ-Am. Teaser for Next Week: We’re turning to one of the most persistent myths in accreditation: Can course grades be used as assessment evidence? Spoiler: there’s more nuance than the lore suggests. Stay tuned.

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Colorado recently updated its Colorado Privacy Act Rules to include new rules on biometric information, children's data, and interpretative guidance. So, we updated our CPA Rules PDF to include those rules plus a table of contents with hyperlinks. Here's a link for those looking to bookmark it: https://lnkd.in/gpZkgrp8 Hope this is helpful!

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📊 What does law school clinic participation in federal appellate courts actually look like—empirically? https://lnkd.in/ghYUd-RM A recent data-driven article maps three years of law school clinic involvement in the U.S. courts of appeals, using court filings to track where and how clinics show up in appellate litigation. What the study examines (at a high level): • Participation patterns by school and clinic (who participates most often, and how activity is distributed). • Role analysis: whether clinics appear as counsel of record for parties or as amicus curiae, and what those roles suggest about the nature of clinic work. • Substantive focus: how clinic participation clusters across issue areas (which doctrinal categories attract the most clinic engagement). • Geographic distribution: how clinic appearances vary across federal circuits, and how circuit-level environments may shape where clinics litigate. • Strategy contrasts: comparisons between more regional clinic footprints and more national participation patterns. • Clinic-structure comparisons: specialized-clinic portfolios versus general appellate clinics, and how that maps onto case selection. The dataset reflects appearances in filings (not behind-the-scenes help), issue coding can require judgment calls, and comprehensive case outcomes aren’t always captured in a single clean variable.

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Future of Privacy Forum's Jordan Francis does a helpful deep dive into the concept of "Data Minimization" and how it is implemented across US state privacy laws and bills. The "New Kid on the Block": Maryland MODPA. Jordan analyzes how data minimization works, poses interpretation and implementation challenges and suggests a path forward for US legislators (excerpted below).

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The Sedona Conference Announces Publication of Commentary on Discovery of Collaboration Platforms Data for Public Comment The use of collaboration platforms has revolutionized the way organizations communicate and collaborate. Collaboration platforms enable individuals and groups to work together, to share information, to communicate, and to coordinate tasks seamlessly. As collaboration platforms have become a primary means of communicating and working, they have increasingly become targets for discovery. As a source of relevant ESI, however, they can pose conceptual, technical, and practical challenges. This Commentary—a project of The Sedona Conference Working Group 1 on Electronic Document Retention and Production (WG1)—is intended to provide organizations, lawyers, and the judiciary with foundational information regarding collaboration platforms, and to provide guidance on addressing legal issues and technical challenges that are likely to arise regarding the discovery of collaboration platform-related, electronically stored information (ESI). This Commentary is open for public comment through May 16, 2025. Questions and comments may be sent to comments@sedonaconference.org. The drafting team will carefully consider all comments received, and determine what edits are appropriate for the final version https://lnkd.in/gWZ3TgQY

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The WNBA labor dispute could lead to labor and antitrust litigation, with mediators and judges playing a key role in how it ends—with a risk of losing fans going forward. I preview the potential legal fallout + keys to look for in a new Sportico column: https://lnkd.in/emwd3mUH

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Explore the impact of data dashboards in the judiciary. This week’s Tiny Chat features Pamela Ortiz, director of Access to Justice for the Maryland Judiciary, and Daniel Sturtevant, data officer at Kentucky Administrative Office of the Courts. Their innovative approaches highlight how data-driven strategies can enhance transparency and support informed decision-making. Watch now: https://lnkd.in/eXXCHQ-b.

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