PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

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 […]

Read More…

The California Consumer Privacy Act of 2018

California Consumer Privacy Act of 2018

In the period of just a week, California passed a bold new privacy law — the California Consumer Privacy Act of 2018.  This law was hurried through the legislative process to avoid a proposed ballot initiative with the same name.  The ballot initiative was the creation of Alastair Mactaggart, a real estate developer who spent […]

Read More…

Did the LabMD Case Weaken the FTC’s Approach to Data Security?

Federal Trade Commission - Washington, DC

Co-Authored by Prof. Woodrow Hartzog On Wednesday, the U.S. Court of Appeals for the 11th Circuit issued its long-awaited decision in LabMD’s challenge to an FTC enforcement action: LabMD, Inc. v. Federal Trade Commission (11th Cir. June 6, 2018). While there is some concern that the opinion will undermine the FTC’s power to enforce Section 5 […]

Read More…

Cartoon: Devils of Data Security

Cartoon Devils of Security - TeachPrivacy Security Awareness Training 02 medium

I hope you enjoy my latest cartoon about data security — a twist on the angel on one shoulder and devil on the other.  Humans are the weakest link for data security.  Attempts to control people with surveillance or lots of technological restrictions often backfire.  I believe that the most effective solution is to train […]

Read More…

Artificial Intelligence, Big Data, and Humanity’s Future: An Interview with Evan Selinger

Re engineering Humanity

Recently published by Cambridge University Press, Re-Engineering Humanity explores how artificial intelligence, automated decisionmaking, the increasing use of Big Data are shaping the future of humanity. This excellent interdisciplinary book is co-authored by Professors Evan Selinger and Brett Frischmann, and it critically examines three interrelated questions. Under what circumstances can using technology make us more like simple machines than actualized human […]

Read More…

Cartoon: Dark Web

Cartoon Dark Web - TeachPrivacy Security Training 03 medium

I hope you enjoy my latest cartoon about passwords on the Dark Web.  These days, it seems, login credentials and other personal data are routinely stocking the shelves of the Dark Web.  Last year, a hacker was peddling 117 million LinkedIn user email and passwords. And, late last year, researchers found a file with 1.4 billion passwords […]

Read More…

In re Zappos: The 9th Circuit Recognizes Data Breach Harm

Data Breach Harm and Standing: Increased Risk of Future Harm

In In re Zappos.com, Inc., Customer Data Security Breach Litigation (9th Cir., Mar. 8, 2018), the U.S. Court of Appeals for the 9th Circuit issued a decision that represents a more expansive way to understand data security harm.  The case arises out of a breach where hackers stole personal data on 24 million+ individuals.  Although […]

Read More…

Breach Notification Laws Now in All 50 States

Data Breach Notification - TeachPrivacy Security Training

Recently, South Dakota and Alabama passed data breach notification laws.  These were the last two states to pass such laws, and now all 50 states have breach notification laws.  There’s also a federal breach notification requirement under HIPAA (passed with the HITECH Act of 2009). In 2003, California passed the first data breach notification law.  […]

Read More…

Risk and Anxiety: A Theory of Data Breach Harms

Risk and Anxiety Theory of Data Breach Harms

My new article was just published: Risk and Anxiety: A Theory of Data Breach Harms,  96 Texas Law Review 737 (2018).  I co-authored the piece with Professor Danielle Keats Citron.  We argue that the issue of harm needs a serious rethinking. Courts are too quick to conclude that data breaches don’t create harm.  There are two […]

Read More…

The Funniest Hacker Stock Photos 4.0: The Future of Hacking

robot hacker working with computer notebook

It’s time for another installment of the funniest hacker stock photos.  Because I create information security awareness training (and HIPAA security training too), I’m always in the hunt for hacker photos. For this round, I focus on the future of hacking, so I looked closely for hacker stock photos that depicted the most state-of-the-art hacking […]

Read More…