PRIVACY + SECURITY BLOG

News, Developments, and Insights

Webinar – Facial Recognition and the Dubious Side of AI Blog

In case you missed my interview with New York Times reporter Kashmir Hill, you can watch the replay here.  We discussed her new book, Your Face Belongs to US: A Secretive Startup’s Quest to End Privacy as We Know It (Sept. 19, 2023).

Privacy Tech Insights US State Privacy Law

Although a U.S. federal privacy law remains elusive, U.S. states have been busily passing new laws. The laws have many similarities, but there are some notable differences. California and Colorado have issued new regulations, some provisions of which strengthen components of the laws.  I expect other states to join in the party soon. I will be […]

BCLT Privacy Lecture on Murky Consent in Privacy Law

I’ll be speaking at Berkeley Law’s 16th Annual BCLT Privacy Lecture on 9/22 about Murky Consent: An Approach to the Fictions of Consent in Privacy Law with commenters, Ari Ezra Waldman (Professor, UC Irvine School of Law), Rebecca Wexler (Professor,  UC Berkeley School of Law), and Ella Corren (JSD, UC Berkeley School of Law).

A New Open Letter to Law School Deans about Privacy Law Scholars and Curriculum

Before the pandemic, which seems like eons ago, I spearheaded a group of legal academics and practitioners in the field of privacy law who sent a letter to the deans of all U.S. law schools about privacy law education.  The pandemic occurred not too long after our letter, and deans had many other things to […]

The Funniest Hacker Stock Photos 5.0

Back by popular demand, it’s another installment of the funniest hacker stock photos.  Because I create security awareness training (and HIPAA security training too), I’m always in the hunt for hacker photos. Hacker techniques have evolved over the years, and so have hacker stock photos. Now, many of them are created by AI.  Whether created by humans or […]

Are Many Privacy Violations Also Data Breaches?

Data breaches and privacy violations have long been thought of as different things, but actually, there is a lot of overlap. Two recent FTC cases address this issue. These cases involve the Health Breach Notification Rule, 16 CFR Part 318, which covers health data breaches beyond HIPAA. The Rule had long existed, but the FTC […]

Counterman and the U.S. Supreme Court’s Overly Mechanical First Amendment Protection of Threats

In Counterman v. Colorado (June 27, 2023), the U.S. Supreme Court held that in order for a defendant to be convicted of a crime for making a threat to another person, the “State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence.”  In other words, […]