The ECJ didn&#x27;t leave all that much room for a quick fix. Any new agreement will have to consider state access to data, which safe harbour left as a huge gap, and yet guarantee the privacy rights of EU citizens.<p>Those rights are incompatible with what US intelligence seems to be doing. The ECJ judgment even said it explicitly, &quot;In particular, legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life&quot;.<p>Any form of self-certifying to the FTC is going to be inadequate from now on, as I read it. But it isn&#x27;t just about safe harbour being poorly enforced, and completely unreviewed, the point is we now know what US intelligence does to EU consumer data. So, the ECJ gave a set up for the Irish High Court to find that data transfer between Facebook Europe and Facebook Inc is illegal. It will be interesting to see what happens when that shoe drops.