PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

U.S. State Privacy Laws: Making Sense of the Mess

   The year kicked off with several privacy laws coming into effect, and there are several more scheduled to become active this year. Here’s a current list: Iowa (January 1, 2025) Delaware (January 1, 2025) Nebraska (January 1, 2025) New Hampshire (January 1, 2025) New Jersey (January 15, 2025) Tennessee (July 1, 2025) Minnesota (July […]

Artificial Intelligence and Privacy – FINAL VERSION

I’m delighted to share the newly-published final version of my article: Artificial Intelligence and Privacy 77 Florida Law Review 1 (2025) 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. […]

Privacy in Authoritarian Times

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I just published an op-ed in the Boston Globe entitled “States can fight authoritarianism by shoring up privacy laws.” Boston Globe (Dec. 23, 2024). It’s paywalled, but I’m allowed to repost it, so here it is below. I’m working on a law review article on this topic, and I hope to have a draft in the […]

Digital Dossiers and the Aggregation Effect

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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

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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

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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 […]