Facebook has settled with the FTC over its change to its privacy policies back in 2009. According to the FTC complaint, as summed up by the FTC press release, Facebook engaged in a number of unfair and deceptive trade practices:
A reader of my post about the N.Y. Times critique of legal education writes, in regard to the value of legal scholarship:
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 […]
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 […]
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 […]
The Supreme Court has long held that there is no expectation of privacy in public for the purposes of the Fourth Amendment. Because the Fourth Amendment turns on the existence of a reasonable expectation of privacy, the Court’s logic means that the Fourth Amendment provides no protection to surveillance in public. In United States v. Jones, the […]
Lior Strahilevitz, Deputy Dean and Sidley Austin Professor of Law at the University of Chicago Law School recently published a brilliant new book, Information and Exclusion (Yale University Press 2011). Like all of Lior’s work, the book is creative, thought-provoking, and compelling. There are books that make strong and convincing arguments, and these are good, […]
In United States v. Jones, FBI agents installed a GPS tracking device on Jones’ car and monitored where he drove for a month without a warrant. Jones challenged the warrantless GPS surveillance as a violation of the Fourth Amendment. The D.C. Circuit agreed with Jones.
I just posted my new forthcoming essay on SSRN called Fourth Amendment Pragmatism, 51 Boston College Law Review __ (forthcoming 2010). Here’s the abstract:
Professor Paul Schwartz (Berkeley Law School) and I have just posted our new article to SSRN: The PII Problem: Privacy and a New Concept of Personally Identifiable Information, 86 N.Y.U. L. Rev. — (forthcoming Nov. 2011). Here’s the abstract: