PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Privacy in Authoritarian Times: Surveillance Capitalism and Government Surveillance – Final Published Version

I’m very excited to share with you the final published version of my article, Privacy in Authoritarian Times: Surveillance Capitalism and Government Surveillance, 67 Boston College Law Review 51 (2026).  You can download the article for free on SSRN.

Privacy as Contract?

Privacy as Contract

I just posted my new article draft with Professor Woodrow Hartzog (BU Law School) on SSRN (free download): Privacy as Contract?   Here’s the abstract: Nearly everything people buy, every service they use, every account they create, and even every website they visit involves the collection, use, and transfer of personal data—a matter that is ostensibly […]

Enforcing Privacy Law: Why Private Litigation Is Essential

I just posted my new article draft on SSRN (free download): Enforcing Privacy Law: Why Private Litigation Is Essential.   Here’s the abstract: Enforcement is an essential dimension for effective privacy and data protection laws—and it is probably the most important one. No matter how many privacy laws are enacted and how strong the laws are, […]

AI Companies Should Have Information Fiduciary Duties

Nita Farahany (Duke Law) recently made a great point: “Your doctor has a fiduciary duty to you. ChatGPT doesn’t.” She discusses how people are increasingly turning to AI to serve as a kind of virtual doctor. OpenAI and Anthropic recently launched features where their chatbots can analyze a person’s medical records and provide personalized medical advice. She […]

Debunking the Privacy Myths – Free Excerpt from ON PRIVACY AND TECHNOLOGY

On Privacy and Technology - Myths 01

I’ve posted free on SSRN an excerpt from my new book, ON PRIVACY AND TECHNOLOGY.  The excerpt debunks the myths that impede effective privacy regulation. If you’re interested in reading the whole book, you can buy at at the following places: Amazon Barnes & Noble Oxford University Press Bookshop.org

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

Privacy in Authoritarian Times 01 JPEG

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

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 […]