I’m posting the final published version of my essay with Professor Woodrow Hartzog (BU Law), Kafka in the Age of AI and the Futility of Privacy as Control, 104 B.U. L. Rev. 1021 (2024). It’s a short engaging read – just 20 pages! We argue that although Kafka shows us the plight of the disempowered […]
What is “privacy”? The concept of privacy has been elusive to define, but I developed a theory for understanding privacy about 20 years ago. Maria Angel and Ryan Calo recently published a formidable critique of my theory of privacy: Maria P. Angel and Ryan Calo, Distinguishing Privacy Law: A Critique of Privacy as Social Taxonomy, […]
I’m delighted to share the newly-published final version of my article: Murky Consent: An Approach to the Fictions of Consent in Privacy Law 104 B.U. L. Rev. 593 (2024) I’ve been pondering privacy consent for more than a decade, and I think I finally made a breakthrough with this article. I welcome feedback and hope […]
Over at IAPP News, I wrote a short essay called A Regulatory Roadmap to AI and Privacy. It summarizes my longer article, Artificial Intelligence and Privacy. For those who want the short 2,000 word version of my thoughts on AI and privacy, read the short essay. For those who want more detail, then read the full […]
In case you missed my recent webinar with Laura Riposo VanDruff and Jules Polonetsky, you can watch the replay here. We discussed the strengths and weaknesses of the American Privacy Rights Act (APRA) and its likelihood of passing.
I am pleased to share the final published version of my short essay with Yuki Matsumi. It was written for a symposium in Fordham Law Review. AI, Algorithms, and Awful Humans 92 Fordham L. Rev. 1923 (2024) Mini Abstract: This Essay critiques arguments that algorithmic decision-making is better than human decision-making. Two arguments are often advanced […]
HOT OFF THE PRESS! Privacy Law Fundamentals, Seventh Edition (2024). This is my short guide to privacy law with Professor Paul Schwartz (Berkeley Law). Believe it or not, there have been some new developments in privacy law . . . “This book is an indispensable guide for privacy and data protection practitioners, students, and scholars. […]
Are you headed to the IAPP Global Privacy Summit (April 3-4, 2024)? If so, make sure to stop by and see me at my TeachPrivacy expo booth and say hello.
In case you missed my recent webinar with Maneesha Mithal, you can watch the replay here. We discussed recent FTC enforcement actions, algorithmic deletion, the FTC’s current rulemaking, enforcement of the health breach notification rule, the FTC’s role in regulating AI, and other issues.
Professor Woodrow Hartzog and I are posting The Failure of Data Security Law as a free download on SSRN. This is a chapter is from our book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT. In this book chapter, we survey the law and policy of data security and analyze its strengths […]