PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Cybersecurity and Data Security: What Every Lawyer Should Know

I was recently on a terrific panel called Cybersecurity and Data Security: What Every Lawyer Should Know held by Penn State Dickinson Law.  The program focused on the latest developments in cybersecurity and data privacy. The panel was moderated by Professor Daryl Lim, H. Laddie Montague Jr. Chair in Law at Penn St. Dickinson Law. […]

Lawsuits for Wrongful Data Collection – Biometric Data and Beyond: An Interview with Katherine Heaton and Amanda Thai

Powered by recent privacy laws, lawsuits for wrongful data collection have been rapidly increasing. The result is a growing body of caselaw, many unanswered questions, and a new landscape for companies to navigate. I recently had the opportunity to discuss the expanding number of wrongful collection lawsuits with several experts at Beazley. Based in Denver, Katherine […]

Restoring the CDA Section 230 to What It Actually Says

CDA 230 02

When Donald Trump targeted the Communications Decency Act (CDA) Section 230, a debate about the law flared up.  Numerous reforms were proposed, some even seeking to abolish the law.  Unfortunately, the debate has been clouded with confusion and misinformation. Although I disagree with many of the proposals to reform it or abolish Section 230, I […]

The Deal with Data Rights: An Interview with Heather Federman

Numerous privacy laws are requiring that companies provide individuals with data rights — rights to access their data, correct their data, learn about uses of their data, delete their data, and more. Administering these rights can be quite complicated for organizations.  

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 […]

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 […]

Archive of Concurring Opinions Posts

Concurring Opinions Archive Daniel Solove Posts

It is sad to say goodbye to ConcurringOpinions.com, a law professor blog I co-founded in 2005.  The blog began when a group of us (Dave Hoffman, Kaimi Wenger, Nate Oman, and me) who were blogging at PrawfsBlawg decided we wanted more autonomy in blog governance, so we founded Concurring Opinions.   Over the years, we added […]

The Future of Cybersecurity Insurance and Litigation: An Interview with Kimberly Horn

Cybersecurity litigation is currently at a crossroads. Courts have struggled in these cases, coming out in wildly inconsistent ways about whether a data breach causes harm. Although the litigation landscape is uncertain, there are some near certainties about cybersecurity generally: There will be many data breaches, and they will be terrible and costly. We thus […]