PRIVACY + SECURITY BLOG

News, Developments, and Insights

Webinar – Is Consumer Choice the Right Way to Protect Privacy? Blog

If you couldn’t make it to my recent webinar on privacy and consumer choice, you can watch the replay here. I discussed the challenges of consumer choice in privacy with Christine Lyon (Freshfields), and Troy Sauro (Google). I also have a paper on these issues that might be of interest, The Limitations of Privacy Rights, forthcoming in Notre Dame […]

Speaking at Peking University Law School

  On Thursday, September 8, 2022 I will be speaking with Peking University Law School about my paper, The Limitations of Privacy Rights, 98 Notre Dame Law Review __ (forthcoming 2023). Here’s a very brief synopsis of the paper: Privacy laws often rely too heavily on individual rights, which are at most capable of being […]

Webinar on ADPPA – Bill for a Federal Comprehensive Privacy Law

If you couldn’t make it to my webinar to discuss a federal comprehensive privacy law you can watch the replay here.  I spoke with an all-star set of speakers to discuss the American Data Privacy and Protection Act (ADPPA), a bill that Congress might enact as the first federal comprehensive privacy law in the U.S. […]

Unifying Privacy and Data Security

Professor Woodrow Hartzog and I have posted on SSRN another free chapter from our recent book. The chapter is entitled Unifying Privacy and Data Security. The chapter is about the relationship between privacy and data security, and it can be read as a stand-alone essay. With our publisher’s gracious permission, we’re making this chapter available […]

Further Thoughts on ADPPA, the Federal Comprehensive Privacy Bill

I recently wrote a post about my concerns about the American Data Privacy and Protection Act (ADPPA) (updated version after markup is here), a bill making its way through Congress that has progress further than many other attempts at a comprehensive privacy law.  Despite grading the law a B+, I was skeptical of the law […]

Data Vu: Why Breaches Involve the Same Stories Again and Again

Woodrow Hartzog and I wrote a new article about data breaches called “Data Vu: Why Breaches Involve the Same Stories Again and Again.” We discuss how data breaches involve the same old mistakes and how we must break the cycle. We begin: In the classic comedy Groundhog Day, protagonist Phil, played by Bill Murray, asks “What would […]

NBC Think Again Interview

  NBC Think Again did a short feature about my article, “I’ve Got Nothing to Hide and Other Misunderstandings of Privacy.”  In this interview we talk about what privacy really means and how little of it we actually have. Click here to watch this interview, or watch it in the embedded video below.

A Faustian Bargain: Is Preemption Too High a Price for a Federal Privacy Law?

A federal comprehensive privacy law in the United States?  Can it really be true? Could this finally be the time it happens? Eventually, maybe the lion really will lie down the lamb. Maybe the Loch Ness Monster will be located. Maybe Congress will finally join 150+ other countries around the world and pass a comprehensive […]

Lawsuits for Wrongful Data Collection – Biometric Data and Beyond: An Interview with Katherine Heaton and Amanda Thai

Powered by recent privacy laws, lawsuits for wrongful data collection have been rapidly increasing. The result is a growing body of caselaw, many unanswered questions, and a new landscape for companies to navigate. I recently had the opportunity to discuss the expanding number of wrongful collection lawsuits with several experts at Beazley. Based in Denver, Katherine […]

Cartoon – Phishing Emails

This cartoon involves a common phishing scam – the inheritance email. For decades, phishers have been sending out the same email scams. One would think that after a while, people would learn about the common scams, and they wouldn’t work anymore. Unfortunately, people keep falling for the same scams over and over again.  Even a […]