PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Modernizing Electronic Surveillance Law

By Daniel J. Solove Next year, there will be a milestone birthday for the Electronic Communications Privacy Act (ECPA) – the primary federal law that regulates how the government and private parties can monitor people’s Internet use, wiretap their communications, peruse their email, gain access to their files, and much more. This is no ordinary […]

Read More…

The Growing Problems with the Sectoral Approach to Privacy Law

Sectoral Omnibus Privacy Regulation

By Daniel J. Solove The US regulates privacy with a sectoral approach, with laws that are directed only to specific industries.  In contrast, the EU and many other countries have an omnibus approach — one overarching law that regulates privacy consistently across all industries.  The US is an outlier from the way most countries regulate […]

Read More…

Understanding the FTC on Privacy and Security

Privacy Training Blog FTC

by Daniel J. Solove I recently held a webinar about the Federal Trade Commission (FTC) for TRUSTe called Understanding the FTC on Privacy and Security.   The webinar is free and is archived at TRUSTe’s site. Here is a brief synopsis of the webinar: For the past nearly two decades, the FTC has risen to […]

Read More…

Myths About Privacy Law and the First Amendment

by Daniel J. Solove In Sorrell vs. IMS Health, 131 S. Ct. 2653 (2011), the Supreme Court struck down Vermont’s Prescription Confidentiality Law as a violation of the First Amendment right to free speech. The Vermont law restricted the sale and marketing use of information that would identify prescribers without their consent. The Supreme Court […]

Read More…

Privacy Law: From a National Dish to a Global Stew

By Daniel J. Solove This post is co-authored by Professor Neil Richards The recent case of Google v. Vidal-Hall in the UK has generated quite a buzz, with Omer Tene calling it the “European privacy judicial decision of a decade.” The case illustrates several fascinating aspects of the developing global law of privacy, with big […]

Read More…

Does Scholarship Really Have an Impact? The Article that Revolutionized Privacy Law

  By Daniel J. Solove Does scholarship really have an impact? For a long time, naysayers have attacked scholarship, especially scholarship about law. U.S. Supreme Court Chief Justice Roberts once remarked: “Pick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of […]

Read More…

Surveillance Law in Dire Need of Reform: The Promise of the LEADS Act

By Daniel J. Solove The law regulating government surveillance and information gathering is in dire need of reform. This law, which consists of the Fourth Amendment and several statutes, was created largely in the 1970s and 1980s and has become woefully outdated. The result is that law enforcement officials and intelligence agencies can readily find […]

Read More…

Why the Anthem Data Breach Is Needlessly Harmful

By Daniel J. Solove Recently, Anthem, one of the largest health insurance providers, suffered a massive data breach involving personal data on up to 80 million people. According to Anthem, the data breached includes “names, dates of birth, member ID/ social security numbers, addresses, phone numbers, email addresses and employment information.” […]

Read More…

The Undying Death of Privacy

by Daniel J. Solove “Reports of my death have been greatly exaggerated.” — Privacy I am growing weary of hearing news of the end of privacy or the death of privacy. Like news of the apocalypse, it seems as though declarations of the looming end of privacy are endless. […]

Read More…

Why All Law Schools Should Teach Privacy Law — and Why Many Don’t

by Daniel J. Solove Since 2000, I have taught a law school course in information privacy law. When I started teaching, I could count the number of law schools that had such a course on one hand. Today, by my rough estimate, I believe that the course is offered in about 40-50 law schools. […]

Read More…