Re: Art of Modern Warfare Chapter 1
"A workable solution to replace it does not exist short of a complete reform of the US's attitude to other people's data. I blame the EU for even believing such nonsense even deserved to be considered."
A workable system doesn't involve the EU changing the US's laws (at least without agreement from all parties, and even then you are still left with political will remaining in place, which is arguably the real issue as the US's position in 1998 wasn't as strong (due to less personal data flowing through the Internet) and their list of enemies differed from today (country-based rather than individuals in friendly countries).
Realistically, a workable system relies on the EU building there own systems to their own laws and not being so heavily dependent on US systems (cloud/Windows/Android/iOS etc) or the EU being able to stop their citizens using said US systems. Which also explains why its so hard to do in practice.
Or you can take the Safe Harbour approach of pretending all sides are playing nicely and every time one party (*cough* the US *cough*) breaks the agreement, create a new agreement called "Safe Harbour n+1..."