I’m very excited to share with you the final published version of my article, Privacy in Authoritarian Times: Surveillance Capitalism and Government Surveillance, 67 Boston College Law Review 51 (2026). You can download the article for free on SSRN.
Category: Legislation
Enforcing Privacy Law: Why Private Litigation Is Essential
I just posted my new article draft on SSRN (free download): Enforcing Privacy Law: Why Private Litigation Is Essential. Here’s the abstract: Enforcement is an essential dimension for effective privacy and data protection laws—and it is probably the most important one. No matter how many privacy laws are enacted and how strong the laws are, […]
Debunking the Privacy Myths – Free Excerpt from ON PRIVACY AND TECHNOLOGY
I’ve posted free on SSRN an excerpt from my new book, ON PRIVACY AND TECHNOLOGY. The excerpt debunks the myths that impede effective privacy regulation. If you’re interested in reading the whole book, you can buy at at the following places: Amazon Barnes & Noble Oxford University Press Bookshop.org
Privacy in Authoritarian Times
I just published an op-ed in the Boston Globe entitled “States can fight authoritarianism by shoring up privacy laws.” Boston Globe (Dec. 23, 2024). It’s paywalled, but I’m allowed to repost it, so here it is below. I’m working on a law review article on this topic, and I hope to have a draft in the […]
Cartoon: AI Experimentation and Regulation
Here’s a new cartoon on artificial intelligence, experimentation, and regulation. Creators of new technology often extol the virtues of experimentation. When it comes to policymakers experimenting with legal regulation, I often hear a different tune from those creating new technology. But they are experimenting with our lives and well-being, with society and democracy. Law, too, […]
The Limitations of Privacy Rights
I have posted the final published version of my new article, The Limitations of Privacy Rights, 98 Notre Dame Law Review 975 (2023), on SSRN where it can be downloaded for free. The article critiques the effectiveness of individual privacy rights generally, as well as specific privacy rights such as the rights to information, access, […]
Data Is What Data Does: Regulating Use, Harm, and Risk Instead of Sensitive Data
I posted a draft of my new article, Data Is What Data Does: Regulating Use, Harm, and Risk Instead of Sensitive Data. It is just a draft, and I welcome feedback. You can download it for free here: Here’s the abstract: Heightened protection for sensitive data is becoming quite trendy in privacy laws around the […]
Webinar on ADPPA – Bill for a Federal Comprehensive Privacy Law
If you couldn’t make it to my webinar to discuss a federal comprehensive privacy law you can watch the replay here. I spoke with an all-star set of speakers to discuss the American Data Privacy and Protection Act (ADPPA), a bill that Congress might enact as the first federal comprehensive privacy law in the U.S. […]
Further Thoughts on ADPPA, the Federal Comprehensive Privacy Bill
I recently wrote a post about my concerns about the American Data Privacy and Protection Act (ADPPA) (updated version after markup is here), a bill making its way through Congress that has progress further than many other attempts at a comprehensive privacy law. Despite grading the law a B+, I was skeptical of the law […]
A Faustian Bargain: Is Preemption Too High a Price for a Federal Privacy Law?
A federal comprehensive privacy law in the United States? Can it really be true? Could this finally be the time it happens? Eventually, maybe the lion really will lie down the lamb. Maybe the Loch Ness Monster will be located. Maybe Congress will finally join 150+ other countries around the world and pass a comprehensive […]