PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Barrett v. Rosenthal: Blogger Immunity for Defamatory Comments

Blogger

Recently, in Barrett v. Rosenthal, the California Supreme Court held, similar to most courts addressing the issue, that bloggers are immune from being sued for “distributor” liability under defamation law. Under defamation law, the original speaker of a defamatory statement (a false statement that harms a person’s reputation) is liable. A “distributor,” one who further disseminates a […]

Victim Privacy and Police Disclosures

Police

In Anderson v. Blake (10th Cir. Nov. 14, 2006), the U.S. Court of Appeals for the 10th Circuit decided a case involving a rather egregious violation of a person’s constitutional right to information privacy. A victim was raped while unconscious, and she subsequently found a video of her rape. She reported the rape to the police and […]

Verifying Identity: From One Foolish Way to Another

Social Security Numbers

For quite some time, banks and financial institutions have been using people’s Social Security Numbers (SSNs) to verify their identities. Suppose you want to access your bank account to check your balance, change addresses, or close out the account. You call the bank, but how does the bank know it’s really you? For a while, […]

Neil Richards on Information Privacy

Neil Richards

Professor Neil Richards of Washington University Law School has posted on SSRN his recent essay, The Information Privacy Law Project, 94 Geo. L.J. 1087 (2006). He reviews my book, The Digital Person, and offers an interesting and insightful critique. Although he takes issue with some of my arguments and with the term “privacy,” I find his review […]

How Does the US Rank Among Countries in Privacy Protection?

Privacy Protection Country Ranking

How does the United States rank among countries in privacy protection? Practically at the bottom according to a ranking by Privacy International, a UK-based privacy advocacy group. The ranking is based on Privacy and Human Rights, an annual report about privacy laws around the world published by Privacy International and the Electronic Privacy Information Center. Here’s the ratings table and here’s the briefing […]

The Reincarnation of Expunged Criminal Records

Redact Document

The New York Times reports: In 41 states, people accused or convicted of crimes have the legal right to rewrite history. They can have their criminal records expunged, and in theory that means that all traces of their encounters with the justice system will disappear. But enormous commercial databases are fast undoing the societal bargain of expungement, […]

Wanting the Wrong Answer: The Ironic Benefit of Student Participation

In a post today, Kaimi responds to a fequent student criticism of law school pedagogy. That criticism is that many students don’t learn much from hearing other students speak in class. In large classes (not seminars), many students think that time is wasted when so much class time is devoted to other students talking. They feel that […]