PRIVACY + SECURITY BLOG

News, Developments, and Insights

New Details in the Tyler Clementi Cyberbullying Case

There are some new details emerging in the Tyler Clementi cyberbullying case at Rutgers. The case involves freshmen at Rutgers University. Dharun Ravi used a webcam to film and broadcast online an intimate encounter between his roommate Tyler Clementi and another man.

Losing Our Religion

I thoroughly enjoyed Jack Balkin’s Constitutional Redemption, and I found myself largely in agreement with many of Jack’s major claims.   But overall, I find it hard to share his optimism. At its core, Balkin’s constitutional jurisprudence is one founded upon faith — a faith in redemption.  He concludes his book with the following paragraph (SPOILER […]

Off-Campus Cyberbullying and the First Amendment

The U.S. Court of Appeals for the Fourth Circuit recently upheld a school’s discipline of a student for engaging in off-campus cyberbullying of another student.  In Kowalski v. Berkeley County Schools, — F.3d — (4th Cir. July 27, 2011), a student (Kara Kowalski) created a MySpace profile called “S.A.S.H.,” which she said was short for […]

When Can Public Schools Discipline Students for Off-Campus Speech?

I’ve been spending a lot of time lately focusing on privacy issues at schools.  I find these issues fascinating, and I have been working on them in the trenches, as I created a company last year to provide tools and resources to schools to help them better address privacy problems and to develop a comprehensive […]

Education Privacy in Peril

I have been spending a lot of time examining education privacy lately, and there are some very troubling things going on in this field.   At a general level, schools lack much sophistication in how they handle privacy issues.  Other industry sectors that handle sensitive personal data have Chief Privacy Officers and a comprehensive privacy program.  […]

The Clementi Suicide, Privacy, and How We Are Failing Generation Google

The tragic suicide of Tyler Clementi has been raising awareness of the profound issue of privacy and young people. Two students, Dharun Ravi and Molly Wei, have been criminally charged with invasion of privacy for secretly recording Clementi’s sexual activities in his dorm room and then disseminating the video on the Internet.

Nothing to Hide: The False Tradeoff Between Privacy and Security

I’m pleased to announce the publication of my new book, NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY (Yale University Press, May 2011).  Here’s the book jacket description:

New Privacy Law Reference Book: Privacy Law Fundamentals

Professor Paul Schwartz (Berkeley School of Law) and I recently published a new book, PRIVACY LAW FUNDAMENTALS.  This book is a distilled guide to the essential elements of U.S. data privacy law. In an easily-digestible format, the book covers core concepts, key laws, and leading cases.

NASA v. Nelson

The U.S. Supreme Court has decided NASA v. Nelson, reversing the 9th Circuit 8-0.  My thoughts about the case are here and here [links no longer available], and as I predicted, the Court rejected the 9th Circuit holding that the government employment background check questionnaires violated the constitutional right to information privacy.  Fortunately, the Court […]