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 […]
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!
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:
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
On December 4, 2018, New York Attorney General Barbara D. Underwood announced a $4.95 million settlement with Oath, Inc. (formerly known as AOL), for violating the Children’s Online Privacy Protection Act (COPPA). This is the largest penalty in a COPPA enforcement case in U.S. history.