Originally posted on Substack Is personal data property? Should it be? I’ve often heard arguments that an effective way to protect privacy would be to protect personal data with property rights. The thinking behind this idea is that ownership of property confers a lot of power on the owner, so perhaps this is the best […]
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 […]
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 […]