PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

The Digital Person: Technology and Privacy in the Information Age

    I am now offering the full text of my book The Digital Person:  Technology and Privacy in the Information Age (NYU Press 2004) online for FREE download. […]

Read More…

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. […]

Read More…

Microsoft Just Won a Big Victory Against Government Surveillance — Why It Matters

Yesterday, Microsoft won a huge case against government surveillance, a case with very important implications: In the Matter of a Warrant to Search a Certain E‐Mail Account Controlled and Maintained by Microsoft Corporation. […]

Read More…

The 5 Things Every Privacy Lawyer Needs to Know about the FTC: An Interview with Chris Hoofnagle

Privacy and Security Training

The Federal Trade Commission (FTC) has become the leading federal agency to regulate privacy and data security. The scope of its power is vast – it covers the majority of commercial activity – and it has been enforcing these issues for decades. An FTC civil investigative demand (CID) will send shivers down the spine of […]

Read More…

The Ultimate Unifying Approach to Complying with All Laws and Regulations

The Ultimate Unifying Approach to Complying with All Laws and Regulations

Professor Woodrow Hartzog and I have just published our new article, The Ultimate Unifying Approach to Complying with All Laws and Regulations, 19 Green Bag 2d 223 (2016).  Our article took years of research and analysis, intensive writing, countless drafts, and endless laboring over every word. But we hope we achieved a monumental breakthrough in the […]

Read More…

The Scope and Potential of FTC Data Protection

FTC Privacy and Security

I am pleased to announce the publication of my article, The Scope and Potential of FTC Data Protection., 83 George Washington Law Review 2230 (2015).  I wrote the article with Professor Woodrow Hartzog. The article addresses  the scope of FTC authority in the areas of privacy and data security (which together we refer to as […]

Read More…

Blogging Highlights 2015: Privacy Issues

Privacy Training

I’ve been going through my blog posts from 2015 to find the ones I most want to highlight.  Here are some selected posts on privacy issues: I. PHILOSOPHICAL Privacy by Design: 4 Key Points What Is Privacy? II. PRIVACY LAW Why All Law Schools Should Teach Privacy Law — and Why Many Don’t […]

Read More…

10 Implications of the New EU General Data Protection Regulation (GDPR)

EU GDPR Training General Data Protection Regulation

Last week, the EU issued the General Data Protection Regulation (GDPR), a long-awaited comprehensive privacy regulation that will govern all 28 EU member countries.  Clocking in at more than 200 pages, this is quite a document to digest.  According to the European Commission press release: “The regulation will establish one single set of rules which […]

Read More…

Does Cybersecurity Law Work Well? An Interview with Ed McNicholas

Cyber Security

“The US is developing a law of cybersecurity that is incoherent and unduly complex,” says Ed McNicholas, one of the foremost experts on cybersecurity law.  McNicholas is a partner at Sidley Austin LLP and co-editor of the newly-published treatise, Cybersecurity: A Practical Guide to the Law of Cyber Risk (with co-editor Vivek K. Mohan).   The […]

Read More…