PRIVACY + SECURITY BLOG

News, Developments, and Insights

Student Privacy in Peril: Massive Data Gathering With Inadequate Privacy and Security

In October, personal financial data — including social security numbers, loan repayment histories and bank-routing numbers – of thousands of college students was exposed on the Department of Education’s (ED) direct loan website. For seven minutes, anyone surfing the direct loan website could find personal information about students who had borrowed from the Department of […]

Should Teachers Be Banned from Communicating with Students Online?

Increasingly, states and school districts are struggling over how to deal with teachers who communicate with students online via social network websites.  One foolish way to address the issue is via strict bans, such as a law passed in Missouri earlier this year that attempted to ban teachers from friending students on social network websites.  […]

The PII Problem: Privacy and a New Concept of Personally Identifiable Information

My article, The PII Problem: Privacy and a New Concept of Personally Identifiable Information (with Professor Paul Schwartz), is now out in print.   You can download the final published version from SSRN.  Here’s the abstract:

The Relationship Between Theory and Practice

The longstanding attacks on legal scholarship all seem to assume a particular relationship between theory and practice, one that I believe is flawed.  Recently, I responded to one such critique.  There are others, with Justice Roberts and many other judges and practitioners claiming that legal scholarship isn’t worth their attention and isn’t useful to the […]

On the New York Times and Legal Education

Much has already been written about David Segal’s article in the N.Y. Times, What They Don’t Teach Law Students: Lawyering.  I join the strong critiques of this piece in condemning it as a lousy piece of journalism — more of a one-sided hack job, riddled with errors.  It belongs on the op-ed page of a […]

J.K Rowling, Defamation and Privacy Law, and the Chilling of the Media

A common argument made to justify First Amendment restrictions on privacy torts and defamation law is that legal liability will chill the media.  I am generally sympathetic to these arguments, though only to a point.  I think these arguments are often overblown.  An interesting point of comparison is the UK, where there is a much […]