I am excited to announce that my forthcoming book, ON PRIVACY AND TECHNOLOGY (Oxford University Press) is now available for pre-order. It will be in print in January 2025. From the book jacket: Succinct and eloquent, On Privacy and Technology is an essential primer on how to face the threats to privacy in today’s age of […]
Category: Privacy Laws
Posts about Privacy Laws by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
U.S. State Privacy Laws – A Lack of Imagination
The U.S. lacks a federal comprehensive privacy law, but the states have sprung into action by passing broadly-applicable consumer privacy laws. Nearly 20 states have passed such laws – so about 40% of the states now have privacy laws. Are these laws any good? Short answer: No But I am glad they exist. Well, sort […]
The Great Scrape: The Clash Between Scraping and Privacy
I’m posting a new article draft with Professor Woodrow Hartzog (BU Law), The Great Scrape: The Clash Between Scraping and Privacy. We argue that “scraping” – the automated extraction of large amounts of data from the internet – is in fundamental tension with privacy. Scraping is generally anathema to the core principles of privacy that […]
Murky Consent: An Approach to the Fictions of Consent in Privacy Law – FINAL VERSION
I’m delighted to share the newly-published final version of my article: Murky Consent: An Approach to the Fictions of Consent in Privacy Law 104 B.U. L. Rev. 593 (2024) I’ve been pondering privacy consent for more than a decade, and I think I finally made a breakthrough with this article. I welcome feedback and hope […]
Webinar – Another Privacy Bill on Capitol Hill: The American Privacy Rights Act Blog
In case you missed my recent webinar with Laura Riposo VanDruff and Jules Polonetsky, you can watch the replay here. We discussed the strengths and weaknesses of the American Privacy Rights Act (APRA) and its likelihood of passing.
Data Is What Data Does: Regulating Based on Harm and Risk Instead of Sensitive Data
I’m delighted to share the final published version of my article, Data Is What Data Does: Regulating Based on Harm and Risk Instead of Sensitive Data, 118 Nw. U. L. Rev. 1081 (2024). This article was selected for the Future of Privacy Forum’s Privacy Papers for Policymakers Award. The Award aims to “recognize leading U.S. and […]
Webinar – Privacy Law and the First Amendment Blog
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 […]
Webinar – Privacy Law in the 21st Century: Past, Present, Future Blog
In case you missed my webinar on Privacy Law in the 21st Century, you can watch the replay here. I had a great discussion with Salomé Viljoen (Michigan Law), Ari Waldman (U.C. Irvine Law), and Margot Kaminski (Colorado Law) about how privacy law has been evolving.
BU Law Review Symposium on Privacy Law
I will be speaking on November 3, 2023 at a Boston University Law Review symposium: Information Privacy Law at the Crossroads. From the symposium description: This symposium aims to gather leading privacy scholars to examine the current state of privacy law and theory and explore its direction. With the introduction of the first bipartisan omnibus […]
First Amendment Expansionism and California’s Age-Appropriate Design Code
The recent district court decision in NetChoice v. Bonta (N.D. Cal., Sept. 18, 2023) holding that the California Age-Appropriate Design Code (CAADC) likely violates the First Amendment is a ridiculously expansive interpretation of the First Amendment, one that would annihilate most regulation if applied elsewhere. This decision is one of a new breed of opinions […]