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 […]
Posts about Lawsuits by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
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. […]
The Hulk Hogan Gawker Sex Video Case, Free Speech, and the Verdict’s Impact
In a high-profile privacy lawsuit, former pro-wrestler Hulk Hogan won a $115 million jury verdict against Gawker for posting his sex video without his consent. Hulk Hogan, whose real name is TerryBollea, brought a lawsuit for invasion of privacy and other torts. Under one of the main privacy torts — public disclosure of private facts […]
Can the FBI Force Apple to Write Software to Weaken Its Software?
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 […]
Boards of Directors Must Grapple with Privacy and Cybersecurity
By Daniel J. Solove Privacy and cybersecurity have become issues that should be addressed at the board level. No longer minor risks, privacy and cybersecurity have become existential issues. The costs and reputational harm of privacy and security incidents can be devastating. Yet not enough boards are adequately engaged with these issues. According to a […]
Law Firm Cyber Security and Privacy Risks
By Daniel J. Solove Law firms are facing grave privacy and security risks. Although a number of firms are taking steps to address these risks, the industry as a whole needs to grasp the severity of the risk. For firms, privacy and security risks can be significantly higher than for other organizations. Incidents can be […]