PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

GPS Surveillance and the Fourth Amendment: Thoughts on United States v. Jones

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.

New Details in the Tyler Clementi Cyberbullying Case

Clementi-Tyler

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.

Education Privacy in Peril

Education Privacy

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.  […]

Off-Campus Cyberbullying and the First Amendment

Cyberbullying

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?

Bull Horn 01

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 […]

NSA Surveillance: There’s More

Phone NSA 01

A while back, it was reported that the Bush Administration authorized the NSA to engage in warrantless wiretapping. Based on the information released so far, the program was likely illegal. Now, it appears that the warrantless wiretapping program (more innocuously renamed the “Terrorist Surveillance Program,” or “TSP”) is just the tip of a larger iceberg.

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

TeachPrivacy Ad Privacy Training Security Training 01

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.

New Privacy Law Reference Book: Privacy Law Fundamentals

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

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 […]