I just posted my new forthcoming essay on SSRN called Fourth Amendment Pragmatism, 51 Boston College Law Review __ (forthcoming 2010). Here’s the abstract:
Fourth Amendment Pragmatism Article Now Available
Category: Archive Solove Blog Posts
Older Posts by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
Rethinking the Concept of “Personally Identifiable Information” (PII)
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:
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.
Missouri Bans Teachers From Friending Students on Social Network Websites
A recently-passed law in Missouri attempts to ban teachers from friending students on social network websites. According to the Amy Hestir Student Protection Act:
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: