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, […]
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, […]
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 […]
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. […]
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 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 […]
In 2021, the Uniform Law Commission (ULC) finalized its Uniform Personal Data Protection Act (UPDPA), a model law intended to be a guide to states seeking to enact broad privacy laws. Unfortunately, the ULC’s law is beyond disappointing. Quite frankly, the UPDPA is quite terrible. No state should adopt it in whole or in part. It […]
I have posted a draft of my new article, The Limitations of Privacy Rights, 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, correction, erasure, objection, data portability, automated decisionmaking, and more. […]
I recently published a short essay with Professor Danielle Citron critiquing the recent Supreme Court decision, TransUnion v. Ramirez (U.S. June 25, 2021) where the Court held that plaintiffs lacked standing to use FCRA’s private right of action to sue for being falsely labeled as terrorists in their credit reports. The essay is here: Daniel J. […]
I’m pleased to announce that the ALI Data Privacy Principles are now in print. From the ALI press release: Principles of the Law, Data Privacy is now available in print. This is ALI’s first venture into the field of information privacy law. This project identifies core principles useful for bringing greater coherence to this area. Like all Principles […]