PRIVACY + SECURITY BLOG

News, Developments, and Insights

Information Fiduciaries and Privacy

Information fiduciaries have emerged as a major part of the discussion of privacy regulation.  In a nutshell, the information fiduciaries approach aims to apply aspects of fiduciary law to the companies that collect and use our personal data. As one court explained the fiduciary relationship: “A fiduciary relationship is one founded on trust or confidence […]

Digital Dossiers and the Aggregation Effect

This year is the 20th anniversary of my first book, The Digital Person: Technology and Privacy In the Information Age (NYU Press 2004) (Amazon) (free digital copy on SSRN). I thought that it would be a great opportunity to engage in a reflection on some of the points I discussed in the book.  Apologies for […]

Bankruptcy Sale of DNA Data: From Toysmart to 23andMe

A recent article in The Atlantic discusses the risk of 23andMe selling its vast stockpile of DNA data on 15 million individuals: 23andMe is not doing well. Its stock is on the verge of being delisted. It shut down its in-house drug-development unit last month, only the latest in several rounds of layoffs. Last week, the entire […]

My Forthcoming Book, ON PRIVACY AND TECHNOLOGY, Available for Pre-Order

I am excited to announce that my forthcoming book, ON PRIVACY AND TECHNOLOGY (Oxford University Press) is now available for pre-order. It will be in print in January 2025. From the book jacket: Succinct and eloquent, On Privacy and Technology is an essential primer on how to face the threats to privacy in today’s age of […]

The Limits of the CDA Section 230: Accountability for Algorithmic Decisions

The U.S. Court of Appeals for the Third Circuit just handed down a very important decision on the Communications Decency Act (CDA) Section 230 and accountability for algorithmic decisions. In Anderson v. TikTok (3rd Cir. Aug, 27, 2024), the Third Circuit held that there are limits to the broad immunity under the CDA Section 230. As […]

U.S. State Privacy Laws – A Lack of Imagination

The U.S. lacks a federal comprehensive privacy law, but the states have sprung into action by passing broadly-applicable consumer privacy laws.  Nearly 20 states have passed such laws – so about 40% of the states now have privacy laws. Are these laws any good? Short answer: No But I am glad they exist.  Well, sort […]