PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Panoptic Surveillance and Privacy’s Future: An Interview with Oscar Gandy

Back in 1993, Professor Oscar Gandy, Jr. wrote one of the most insightful and prescient books about privacy: The Panoptic Sort: A Political Economy of Personal Information. Oscar Gandy is an emeritus professor with the Annenberg School for Communication at the University of Pennsylvania, having retired from active teaching in 2006. He has continued to publish in […]

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Privacy Harms

Privacy Harms

Professor Danielle Keats Citron (University of Virginia School of Law) and I have just posted a draft of our new article, Privacy Harms, on SSRN (free download). Here’s the abstract: Privacy harms have become one of the largest impediments in privacy law enforcement. In most tort and contract cases, plaintiffs must establish that they have […]

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Video: Privacy in the Next Four Years with Cam Kerry, Alexandra Reeve Givens, Justin Antonipillai, and Daniel Solove

I had a great conversation about the future direction of privacy in the next four years with Cam Kerry (Brookings), Alexandra Reeve Givens (CDT), and Justin Antonipillai (Wirewheel).  This video is part of Wirewheel’s Spokes Conference. Check out the video here: Join Wirewheel’s Spokes Conference (Dec. 1-2, 2020) for other great sessions! […]

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Video: AI and Privacy Implications with Igor Jablokov, Justin Antonipillai, and Daniel Solove

I had an excellent conversation about the privacy implications of AI and machine learning with Igor Jablokov, CEO, Pryon, and one of the masterminds behind Amazon’s Alexa and Justin Antonipillai, CEO and Founder, WireWheel.  Check out the video of our conversation here: […]

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Video – CPRA and Its Potential Effects: A Talk with Alastair Mactaggart, Justin Antonipillai, and Daniel Solove

In this video, Justin Antonipillai (Wirewheel) and I discuss the CPRA and its potential effects with Alastair Mactaggart (Californians for Consumer Privacy). Mactaggart’s referendum sparked the passage of the California Consumer Privacy Act (CCPA) in 2018. This year, he has another referendum (Proposition 24) called the Californian Privacy Rights Act (CPRA), which aims to amend […]

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The Three General Approaches to Privacy Regulation

Three Approaches to Privacy Law

These days, the debate about a federal comprehensive privacy law is buzzing louder than ever before. A number of bills are floating around Congress, and there are many proposals for privacy legislation by various groups, organizations, and companies.  As proposals to regulate privacy are debated, it is helpful to distinguish between three general approaches to […]

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Top 10 Privacy Law Developments of the Decade 2010-2019

Top 10 Privacy Law Developments of the Decade 2010-2019 02

It is an understatement to say that a lot has happened in privacy law during the past decade. Here is my list of the most notable developments. NOTE: I am giving a particular emphasis to what I find to be notable from a United States perspective.  What is notable privacy law depends upon where one […]

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Cartoon: Cookies and the GDPR

Cartoon Cookies and the GDPR

This cartoon depicts how, after the GDPR, countless websites have cookie notices and require agreeing to accept cookies.  I find these cookie notices to be form over substance.  These notices are virtually meaningless and don’t help consumers. They are a nuisance.  They give privacy a bad name because people start to think that privacy is […]

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ALI Data Privacy: Overview and Black Letter Text — Available for Download

American Law Institute (ALI) Data Privacy 01

Professor Paul Schwartz and I have posted the black letter text of the American Law Institute (ALI), Principles of the Law, Data Privacy. Professor Paul Schwartz and I were co-reporters on the project.  Earlier this year, I wrote a post about our completion of the project.  According to the ALI press release: “The Principles seek to […]

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The FTC Can Rise to the Privacy Challenge, but Not Without Help From Congress

FTC

Over at Lawfare, I have an essay co-authored by Chris Hoofnagle and Woodrow Hartzog called The FTC Can Rise to the Privacy Challenge, but Not Without Help From Congress.  This piece is also posted at the Brooking Institution’s TechTank.  The essay begins: Facebook’s recent settlement with the Federal Trade Commission (FTC) has reignited debate over whether the […]

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