The United States exports digital goods worth hundreds of billions of dollars across the Atlantic each year.  And both Silicon Valley and Hollywood do big business with Europe every year.  Differences in approaches to privacy have always made this relationship unsteady but the Snowden disclosures greatly complicated the prospects of a Transatlantic Trade and Investment Partnership.  In this paper Cameron Kerry examines that politics of transatlantic trade and the critical role that U.S. privacy policy plays in these conversations.

Kerry relies on his experience as the U.S.’s chief international negotiator for privacy and data regulation to provide an overview of key proposals related to privacy and data in Europe.  He addresses the possible development of a European Internet and the current regulatory regime known as Safe Harbor. Kerry argues that America and Europe have different approaches to protecting privacy both which have strengths and weaknesses.

To promote transatlantic trade the United states should:

• Not be defensive about its protection of privacy
• Provide clear information to the worldwide community about American law enforcement surveillance
• Strengthen its own privacy protection
• Focus on the importance of trade to the American and European economies

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Sen. Rand Paul has just completed his nearly thirteen hour filibuster against John Brennan's nomination to head the CIA. Breaking off his filibuster (because, he inferred, he had to pee), Rand was heralded for bringing back the "talking filibuster." There was much written (and tweeted) about his filibuster, which began with Paul’s dramatic:

"I will speak until I can no longer speak…I will speak as long as it takes, until the alarm is sounded from coast to coast that our Constitution is important, that your rights to trial by jury are precious, that no American should be killed by a drone on American soil without first being charged with a crime, without first being found to be guilty by a court."

I thought I would add a few late-night thoughts in honor of this day spent with C-Span 2 humming in my ear.

First, I think Jon Bernstein’s reaction to the filibuster was right on the mark.  There’s been a lot of enthusiasm for the talking filibuster today, from Ezra Klein's "If more filibusters went like this, there’d be no reason to demand reform," to Josh Marshall’s, "This is a good example of why we should have the talking filibuster and just the talking filibuster." But Bernstein raises a critical point: "Today’s live filibuster shows again just how easy it is to hold the Senate floor for an extended period." The motivation of recent reformers has been to reduce filibustering by raising the costs of obstruction for the minority. In theory, making the filibuster more burdensome to the minority—while putting their views under the spotlight—should make filibusters more costly and more rare. (Paul did note in coming off the Senate floor tonight that his feet hurt…) But as Bernstein points out, Paul believes in his cause, and it plays well with his constituencies. On the physical front, the tag-team of GOP senators rallying to Paul's cause also lessened the burden on Paul (as would have a pair of filibuster-proof shoes). That said, today's filibuster was a little unusual. The majority seemed unfazed by giving up the day to Paul’s filibuster, perhaps because the rest of Washington was shutdown for a pseudo-snow storm. Moreover, the Brennan nomination had bipartisan support, with Reid believing there were 60 senators ready to invoke cloture.  In short, today's episode might not be a great test case for observing the potential consequences of reform.

Second, keep in mind that this was a double-filibuster day. The nomination of Caitlin Halligan for the DC Court of Appeals was blocked, failing for the second time to secure cloture. With 41 Republican senators voting to block an up or down confirmation vote on Halligan, an often-noted alternative reform (which would require 41 senators to block cloture instead of 60 senators to invoke it) would have made no difference to the outcome. And what if the minority had been required to launch a talking filibuster to block Halligan’s nomination? Reid might have been willing to forfeit the floor time to Paul today.  But Reid would unlikely have wanted to give up another day to Halligan’s opponents. As Steve Smith has argued, the burden of talking filibusters also falls on the majority, which typically wants to move on to other business. "Negotiating around the filibuster," Smith has argued, "would still be common."  On a day with two successful minority filibusters (at least in consuming floor time and deterring the majority from its agenda), we can see why the majority might be reticent to make senators talk.

Third, let's not lose sight of the target of Rand's filibuster: The head of the CIA.  Although the chief spook is not technically in the president’s cabinet, the position certainly falls within the ranks of nominations that have typically been protected from filibusters.  Granted, that norm was trampled with the Hagel filibuster for Secretary of Defense. But rather than seeing the potential upside of today's talking filibuster, I can't help but see the downside: In an age of intense policy and political differences between the parties, no corner of Senate business is immune to filibusters.

All that said, what's not to like about a mini demonstration of a real live filibuster?!  Perhaps Paul's late day Snickers break was cheating.  But it was a good C-Span type of day overall, for filibuster newbies to Franklin Burdette devotees. Even Dick Durbin well after midnight seemed to be enjoying the fray. Perhaps there’s a silver lining for talking filibusters after all.

On May 9, Filipinos elected a new president, Rodrigo Duterte. The long-time mayor of Davao City is the first Philippine president to hail from the southern islands of the archipelago. There, he established a “can-do” reputation on the back of brutal crackdown on crime, which won him the sobriquet “the Punisher.” During his controversial, profanity-laced campaign (his comments on rape, for instance, are truly regrettable), the tough-talking, cavalier eventual winner was described as the “Donald Trump of the Philippines.” He established that his priorities would be to confront crime, drugs, and corruption with a firm hand. Indeed, during a televised debate, Duterte claimed he was even prepared to kill his own children if they were involved in drugs.

Getting the Philippines out of its funk

Duterte’s success reflects a mood in Philippine society today. The Philippines has been a beacon of democracy in Southeast Asia for some time. Long before the Arab Spring or “Reformasi” (the massive social movement that brought down Suharto’s 32-year rule in Indonesia in 1998), the “People’s Revolution” against the Marcos regime in 1986 fired the imagination. 

Yet until very recently, the Philippines had not reaped any economic dividends from democratization. For many years following the “People’s Revolution,” the Philippine economy lurched along, plagued by endemic corruption and incompetent leadership. So deep was the malaise, the country became known as the new “sick man of Asia.” The lack of economic opportunity drove its women—among the most highly educated in the world—to seek employment abroad as housemaids and domestic helpers (remittances from these sources account for 10 percent of GDP). The issue is in fact a larger one, as there is a growing educated class frustrated with the lack of opportunity and upward social mobility. It is this mood that Duterte has tapped into.

[T]here is a growing educated class frustrated with the lack of opportunity and upward social mobility.

It remains to be seen though, now that he has won, if Duterte can “walk the talk.” The fact is that Duterte’s anti-establishment credentials and populist positions on poverty and corruption run sharply athwart an oligarchy that has long been an entrenched part of Philippine society. 

Despite impressive economic growth rates over the last few years under the Benigno Aquino III administration, the Philippines has been beset by a growing wealth disparity. To get at this problem, Duterte will have to have to leave behind his provincial mindset to govern at the national level, where these problems are amplified. Specifically, he will have to deal with a rent-seeking culture and a powerful aristocracy that controls huge chunks of the economy. It will take more than tough talk and populism to create a more equitable distribution of wealth and opportunity.

In the neighborhood

It is still too early to say, but indications are that foreign policy issues will probably not be a priority for Duterte, with two exceptions (neither of which are of his own choosing). Given his unpredictability, few would venture to say with any certainty how he might act on them. 

First, Duterte will have to handle the fallout from the arbitration tribunal rulings on the Philippine case against China’s massive claims in the South China Sea. Most observers agree that from the 15 items awaiting the tribunal’s decision, the majority will be ruled in favour of the Philippines. This would constitute a moral victory for Manila, but would also pose potential problems for the new government in terms of relations with China. Probably mindful of this, Duterte has already spoken of his readiness to engage in dialogue with China on the South China Sea. More to the point, given his likely emphasis on domestic economic issues, it is quite possible that Duterte will pursue a more pragmatic policy towards Beijing with an eye to Chinese investments in infrastructure development. On the other hand, true to character, Duterte also declared that he would set out on his own jet ski to the South China Sea to plant the Philippine flag. Populist posturing aside, at issue is whether Duterte’s unpredictability will jeopardize Manila’s current alignment with fellow ASEAN claimant, Vietnam, or its ongoing support for American efforts to exercise freedom of navigation rights in the South China Sea in response to China’s expansive claims.

Second, Duterte will be in office when the Philippines assumes the chairmanship of ASEAN in 2017. On the occasion of its 50th anniversary (ASEAN was formed in 1967), the Association would be looking to the Philippines, a founder-member, to demonstrate much-needed regional leadership. At stake is nothing less than the unity of ASEAN, which of late has come under increasing strain because of the South China Sea disputes. Duterte said very little about ASEAN during his campaign. Yet one thing should be clear. Given the complex challenges that the region is likely to face in the coming year, Duterte would be well-advised that the imperative of ASEAN unity will require more diplomatic nous and less saber-rattling bravado.

In the summer of 1978, my grandfather George Washington Timmons, my cousin George, and I took the train from the Midwest across Canada and the ferry up the Pacific coast to Alaska. There we met up with my brother Steve, who was living in Anchorage. It was the trip of a lifetime: hiking, and fishing for grayling, salmon and halibut in Denali park, on the Kenai peninsula, Glacier Bay, and above the Arctic Circle in a frontier town called Fort Yukon, camping everywhere, and cooking on the back gate of my brother’s pickup truck. 

That Gramps had a Teddy Roosevelt moustache and a gruff demeanor gave the adventure a “Rough Riders” flavor. Like Teddy, the almost-indomitable GWT had given me a view of how experiencing a majestic land was a crucial part of becoming a robust American man. When we got home, he was diagnosed with lung cancer and died just a few months later.

We project all kinds of cultural images and values on the green screen of the American landscape. Those endless late June sunsets in the Crazy Mountains and the sun on the ragged peaks of the Wrangell Mountains represent for me a sense of the vastness of the state of Alaska and the need to balance preservation there with the needs of its people for resources and income. Certainly there is enough space in Alaska to drill for oil and protect large swaths in wildlife refuges and national parks. As leaders of the Inupiat Eskimo corporation put it in a letter to Obama, “History has shown us that the responsible energy development, which is the lifeblood of our economy, can exist in tandem with and significantly enhance our traditional way of life.”

Unfortunately, this view is outdated: that was the case in Alaska, but there is a new, global problem that changes the calculus. As President Obama wraps up his historic visit to Alaska and meeting with the Arctic climate resilience summit (GLACIER Conference), he is walking a razor’s edge, delivering a delicately crafted missive for two audiences. Each view is coherent by itself, but together they create a contradictory message that reflects the cognitive dissonance of this administration on climate change.

For the majority of Alaska and for businesses and more conservative audiences, Obama is proclaiming that Alaskan resources are part of our energy future. With oil providing 90 percent of state government revenues, that’s the message many Alaskans most ardently want to hear.

For environmentalists and to the nations of the world, Obama is making another argument. His stops were chosen to provide compelling visual evidence now written across Alaska’s landscape that climate change is real, it is here, Alaskans are already suffering, and we must act aggressively to address it. “Climate change is no longer some far-off problem; it is happening here, it is happening now … We’re not acting fast enough.”

This is a razor’s edge to walk: the Obama administration is criticized by both sides for favoring the other. Those favoring development of “all of the above” energy sources say that Obama’s Clean Power Plan has restricted coal use in America and that future stages will make fossil fuel development even tougher in future years.  These critics believe Obama is driving up energy costs and hurting America’s economic development, even as oil prices drop to their lowest prices in years.

“Climate hawks” on the other hand worry that we are already venturing into perilous territory in dumping gigatons of carbon dioxide and other gases causing the greenhouse effect into the atmosphere. The scientific consensus has shown for a decade that raising global concentrations of CO2 over 450 parts per million would send us over 3.6 degrees F of warming (2 degrees C) and into “dangerous climate change.” The arctic is warming twice as fast as this global average, and though we are still below 1.8 degrees F of warming, many systems may be reaching tipping points already.

Already melting permafrost in Alaska releases the potent greenhouse gas methane, and wreaks havoc for communities adapted to that cold. Foundations collapse and roads can sink and crumble. The melting of offshore ice makes coastal communities more vulnerable to coastal erosion, and allows sunbeams to warm the darker water below, leading to further warming.

The difficulty is that we have a limit to how much greenhouse gases we can pump into the atmosphere before we surpass the “carbon budget” and push the system over 3.6 degrees F. Which fossil reserves can be exploited and how much of which ones must be kept in the ground if we are to stay within that budget? Realistic and credible plans have to be advanced to limit extraction and combustion of fossil fuels until we have legitimate means of capturing and sequestering all that surplus carbon somewhere safe. It is a dubious and risky proposition to say that we can continue to expand production here in America, and that only other countries and regions should cap their extraction.

Obama got elected partly due to his not rejecting natural gas and even coal development. He kept quiet about climate change during his entire first term and he and Mitt Romney had a virtual compact of silence on the issue during the 2012 campaign. But in his second term, Obama has become a global leader on the issue, seeking to inspire other countries to make and keep commitments to sharply reduce emissions. This work has yielded fruit, with major joint announcements with China last November, with Mexico in March, and a series of other nations coming in with pledges. The administration has been seeking to push the pledging process to keep our global total emissions below 3.6 degrees F.

However a just-released UNEP report shows that all the pledges so far—representing 60 percent of all global emissions—add up to 4-8 gigatons of carbon reduction in what would have been emitted. That’s progress, but the report goes on to show that we are still 14 gigatons short of where we need to be to stay under 3.6 degrees F. Indeed, Climateactiontracker.org reports that we are still headed to 5.5 degrees F of warming (3.1 C) with these pledges, down from 7 degrees without the pledges.

This puts the administration and U.N. officials in the position of having to decide which message to put out there—the hopeful message that emissions are being reduced, or the more frustrating one that they are not being reduced nearly enough. Environmentalists are in a similar position with Obama in Alaska—do they criticize him for allowing Shell to drill in the Arctic, or praise him for being generally constructive in this year’s effort to reach a meaningful treaty in Paris in December? Is it possible to kiss Obama on one cheek while slapping him on the other?

This is the delicate political moment in which we find ourselves. Fossil fuel projects continue to be built that will lock us in to carbon emissions for decades to come. They will certainly push us over the “carbon budget” we know exists and beyond which human civilization may be untenable on this planet. But these projects are advanced by extremely strong economic actors with mighty lobbying and public relations machines, and flatly opposing them is likely to lead to one’s portrayal as a Luddite seeking to send humanity back to the stone age. Clean energy alternatives exist, and they are increasingly affordable and reliable. Logically, we need to be spending the remaining carbon budget to make the transition to a net zero emissions economy, not to continuing the wasteful one we have now.

Players on both sides of this debate will seek to deploy Alaska’s majestic landscape to win their case. I’m fairly sure on which side my grandfather George Washington Timmons would have stood: he was a building contractor and would sometimes estimate the number of 2x4s one could harvest from a giant tree. But he didn’t know about the global carbon budget—he loved his children and grandchildren, and I think he would have supported living within our means if he was fully aware of this problem. The original Rough Rider Teddy Roosevelt himself went from avid hunter to devoted conservationist as he learned of the damage over-cutting was causing American forests. As Obama said in Alaska, “Let’s be honest; there’s always been an argument against taking action … We don’t want our lifestyles disrupted. The irony, of course, is that few things will disrupt our lives as profoundly as climate change.”

That is the political razor’s edge the president—and all of us—have to walk today, as we make the inevitable transition away from fossil fuel development.

WALK SCORE, a new Web site popular with urbanists and environmentalists (walkscore.com), rates places for their walkability—the ease of meeting daily needs on foot.

The popularity of the site is an indicator that how the American Dream plays out on the ground has been fundamentally changing over the last 10 to 15 years.

The Ozzie and Harriet drivable suburban version of the American Dream is being supplemented by the Seinfeld vision of "walkable urbanism." Led by late-marrying young adults and empty-nester baby-boomers, many households are looking for the excitement and options living and working in a walkable urban place can bring. With almost nine of 10 new households over the next 20 years being singles or couples without children, this trend promises to continue.

A recent Brookings Institution survey of the largest 30 metro areas in the country identifies the 157 walkable urban places that play a regionally significant role. It also ranks the Top 30 metros in per capita number of walkable urban places. The Philadelphia metropolitan area ranks as the 13th highest on the number of walkable urban places per capita.

Certainly the many already revived downtowns like those in Denver, Washington, Portland, Seattle and San Diego are the most visible signs of the walkable urban trend. But there are many other places you might not suspect.

This includes the emergence of "downtown-adjacent" places like Chelsea and Union Square in New York, suburban town centers like Pasadena and Long Beach in the L.A. area and even built-from-scratch spots like Reston Town Center near Dulles Airport, 30 miles outside Washington.

A major benefit of walkable urban development is that it keeps and attracts young adults to the metro area, many of whom willingly trade crushing car commutes and high gas prices for lively walkable places to live and work.

Walkable urban places seem to attract the well-educated, the so-called "creative class."

Approximately 26 percent of Americans over 25 have college degree - but 99 percent of the new residents moving to Center City this decade have a college degree.

Walkable urbanism increases the economic development potential of the metro area in the knowledge economy. If many of the Gen X-ers and the Millennial generations do not get this lifestyle, they'll move to New York or Washington, depriving Philadelphia of the entrepreneurs it needs to grow.

Walkable urbanism is also essential to create sustainable places to live and work, reducing greenhouse-gas emissions. It is probable that walkable urban households emit less than half the greenhouse gas as driving suburban households - they walk more and unavoidably share heat with upstairs neighbors.

Center City and Society Hill are the most obvious, though not the only, locations of this trend in the Philadelphia region. The recent emergence of University City around Penn and Drexel, Manayunk and New Hope are other significant walkable urban places in the Delaware Valley.

Missing are additional places in the suburbs, particularly around commuter and subway stations.

Rail transit is crucial for walkable urbanism places to emerge.

The investment has already been made for this comprehensive, if underfunded, rail system. Building high-density, mixed-use places around these stations will fulfill pent-up market demand, promote economic growth, lower greenhouse emissions and even give their suburban neighbors a great place for a restaurant within walking distance.

Over the next few years, Philadelphia metro will no doubt see its ranking in the Brookings survey rise while more households will see their Walk Score numbers soar. Seinfeld is coming to Philadelphia. *

Leinberger is a visiting fellow at the Brookings Institution, professor at the University of Michigan and a limited partner in Arcadia Land Co., which has projects in the Philadelphia and Kansas City areas. His most recent book is "The Option of Urbanism: Investing in a new American dream" (Island Press, 2007).