PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Accountability for Technology and AI

Originally posted on Substack AI and digital technologies have been unleashed upon us, with an unprecedented zeal and recklessness, and a reckoning is long overdue. The Meta and YouTube $6 million addiction verdict this week is an important milestone. I’m not an expert on the addiction issue, so I won’t opine on the merits of the case. […]

Are Warrants Enough?

Originally posted on Substack This year, in Chatrie v. United States, the U.S. Supreme Court will decide whether geofence warrants are valid under the Fourth Amendment. The geofence warrant at issue in the case was one that allowed the government to obtain account data from Google of hundreds of millions of users. It’s the equivalent to […]

Webinar – Privacy Law and the First Amendment Blog

Webinar - Privacy Law and 1st Amendment 01

In case you missed my webinar on Privacy Law and the First Amendment, you can watch the replay here.  I had a great discussion with Gautam Hans (Cornell Law) about several recent First Amendment cases that intersect with privacy law — the NetChoice cases. Also, if you’re interested, I wrote a blog post about the […]

The Robocall Wars: The Rise of Robocalls and the TCPA Robocall Cops

Robocalls and the TCPA Robocall Cops 02

Move over robocop, there’s a new constable in town — the robocall cop. In the past decade, robocalls have surged.  There has also been a dramatic rise in litigation about these calls under the Telephone Consumer Protection Act (TCPA). The TCPA litigation is led by a small group of serial litigators, people who have assumed the […]

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 […]

When Do Data Breaches Cause Harm?

  Harm has become the key issue in data breach cases. During the past 20 years, there have been hundreds of lawsuits over data breaches. In many cases, the plaintiffs have evidence to establish that reasonable care wasn’t used to protect their data. But the cases have often been dismissed because courts conclude that the […]

A Gaping Hole in Consumer Privacy Protection Law

Recently, the U.S. Court of Appeals for the 9th Circuit issued a decision with profound implications for consumer privacy protection law. In FTC v. AT&T Mobility (9th Cir. Aug. 29, 2016), a 3-judge panel of the 9th Circuit held that the Federal Trade Commission (FTC) lacks jurisdiction over companies that engage in common carrier activity. […]

Can the FBI Force Apple to Write Software to Weaken Its Software?

Privacy Awareness Training

A dramatic legal battle is taking place that will have dramatic implications for the future of technology, privacy, security, and the extent of government power.  The FBI obtained an order from a magistrate judge to force Apple to develop software to help the FBI break into an encrypted iPhone.

Without Scalia, Will There Be a 4th Amendment Revolution?

The passing of Justice Antonin Scalia has brought a wave of speculation about current and future U.S. Supreme Court cases.  One area where there might be a significant impact will be the 4th Amendment, which provides the primary constitutional protection against government surveillance and information gathering.  A new justice could usher in a dramatic expansion […]

Sunken Safe Harbor: 5 Implications of Schrems and US-EU Data Transfer

By Daniel J. Solove In a profound ruling with enormous implications,the European Court of Justice (ECJ) has declared the Safe Harbor Arrangement to be invalid. [Press Release]  [Opinion] The Safe Harbor Arrangement The Safe Harbor Arrangement has been in place since 2000, and it is a central means by which data about EU citizens can […]