PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Digital Dossiers and the Aggregation Effect

Digital Person 03

This year is the 20th anniversary of my first book, The Digital Person: Technology and Privacy In the Information Age (NYU Press 2004) (Amazon) (free digital copy on SSRN). I thought that it would be a great opportunity to engage in a reflection on some of the points I discussed in the book.  Apologies for […]

U.S. State Privacy Laws – A Lack of Imagination

State Privacy Laws

The U.S. lacks a federal comprehensive privacy law, but the states have sprung into action by passing broadly-applicable consumer privacy laws.  Nearly 20 states have passed such laws – so about 40% of the states now have privacy laws. Are these laws any good? Short answer: No But I am glad they exist.  Well, sort […]

Murky Consent: An Approach to the Fictions of Consent in Privacy Law – FINAL VERSION

Article - Murky Consent - Fictions of Privacy Consent - Solove 01

I’m delighted to share the newly-published final version of my article: Murky Consent: An Approach to the Fictions of Consent in Privacy Law 104 B.U. L. Rev. 593 (2024) I’ve been pondering privacy consent for more than a decade, and I think I finally made a breakthrough with this article.  I welcome feedback and hope […]

Artificial Intelligence and Privacy

AI and Privacy 01

I’m delighted to post my new article draft, Artificial Intelligence and Privacy. The article aims to provide the conceptual and practical ground work for how to understand the relationship between AI and privacy as well as provide a roadmap for how privacy law should regulate AI. Here’s the abstract: This Article aims to establish a foundational understanding […]

First Amendment Expansionism and California’s Age-Appropriate Design Code

First Amendment Expansionism 02

The recent district court decision in NetChoice v. Bonta (N.D. Cal., Sept. 18, 2023) holding that the California Age-Appropriate Design Code (CAADC) likely violates the First Amendment is a ridiculously expansive interpretation of the First Amendment, one that would annihilate most regulation if applied elsewhere.  This decision is one of a new breed of opinions […]

The Limitations of Privacy Rights

Limitations of Privacy Rights - Daniel Solove 04

I have posted the final published version of my new article, The Limitations of Privacy Rights, 98 Notre Dame Law Review 975 (2023), on SSRN where it can be downloaded for free.  The article critiques the effectiveness of individual privacy rights generally, as well as specific privacy rights such as the rights to information, access, […]

Murky Consent: An Approach to the Fictions of Consent in Privacy Law

Article - Solove - Murky Consent: An Approach to the Fictions of Consent in Privacy Law

I posted a draft of my new article, Murky Consent: An Approach to the Fictions of Consent in Privacy Law. It is just a draft, and I welcome feedback. You can download it for free here: Here’s the abstract: Consent plays a profound role in nearly all privacy laws. As Professor Heidi Hurd aptly said, consent […]

Webinar – Is Consumer Choice the Right Way to Protect Privacy?

Webinar - Consumer Choice to Protect Privacy

If you couldn’t make it to my recent webinar on privacy and consumer choice, you can watch the replay here. I discussed the challenges of consumer choice in privacy with Christine Lyon (Freshfields), and Troy Sauro (Google). I also have a paper on these issues that might be of interest, The Limitations of Privacy Rights, forthcoming in Notre Dame […]

Further Thoughts on ADPPA, the Federal Comprehensive Privacy Bill

ADPAA - comprehensive federal privacy law

I recently wrote a post about my concerns about the American Data Privacy and Protection Act (ADPPA) (updated version after markup is here), a bill making its way through Congress that has progress further than many other attempts at a comprehensive privacy law.  Despite grading the law a B+, I was skeptical of the law […]