PRIVACY + SECURITY BLOG

News, Developments, and Insights

National Security Letters

Did you know that the FBI can issue a letter to an Internet Service Provider or a financial institution demanding that they turn over data on a customer? The letter doesn’t require probable cause. No judge must authorize the letter. The FBI simply issues the letter and gets the information. There’s a gag order, too, […]

Using Lawsuits to Unmask Anonymous Bloggers

An interesting recently-filed lawsuit raises the issue of whether a company can file a lawsuit just to find out the identity of an anonymous blogger in order to fire him. The case involves an employee of Allegheny Energy Service who posted an anonymous comment to a Yahoo! message board devoted to his company. He made the posting […]

Free Credit Reports: My Exciting Adventure

Under the federal Fair and Accurate Credit Transactions Act of 2003, the credit reporting agencies must provide a yearly free credit report to individuals who request it. This was one of the benefits given to consumers by the law in return for extending the federal preemption of certain state law regulations.

Genetic Testing: Further Debate with Richard Epstein

Richard Epstein has posted a reply continuing our debate over whether employers should be able to use genetic testing information to make employment decisions regarding employees. Here are the posts in our debate so far: 1. Solove, IBM vs. NBA: Using Employee Genetic Information 2. Epstein, Two Cheers for Genetic Testing 3. Solove, A Reply to Richard Epstein […]

Is There One Best Method of Constitutional Interpretation?

Although the Supreme Court feels some pressure for consistency via precedent, it doesn’t seem to strive at all for consistency in interpretive approach. Thus, the Court’s opinions are all over the map when it comes to the method of constitutional interpretation. Sometimes the Court reads the Constitution broadly and dynamically; sometimes it interprets the Constitution […]

A Reply to Richard Epstein on Genetic Testing

In his first post to the relatively new Chicago Law Faculty Blog(which has turned out to be a really interesting blog by the way), Professor Richard Epstein argues against my recent post about genetic testing in the workplace. Epstein disagrees with my general view that it is better to restrict employers from using genetic information in making employment decisions.