PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Silencing #MeToo: How NDAs and Litigation Stifle Victims, Innovators, and Critics — An Interview with Orly Lobel

  Countless women have been coming forward to say #MeToo and share their traumatic stories of sexual harassment and assault. But there are many stories we’re not hearing. These stories are being silenced by extremely broad nondisclosure agreements (NDAs), some made at the outset of employment and others when settling litigation over sexual harassment. They […]

The U.S. Congress Is Not the Leader in Privacy or Data Security Law

Capitol Sinking 01

A common myth is that the U.S. Congress is a leader in creating privacy and data security law.  But this has not been true for quite some time.  Congress isn’t leading, and even the policies and practices of US companies are increasingly built around the law of the European Union (EU) or the states. In […]

New Edition of Privacy Law Fundamentals

Privacy Law Fundamentals

I’m pleased to announce that a new 4th edition of my short guide, PRIVACY LAW FUNDAMENTALS  (IAPP 2017)  (co-authored with Professor Paul Schwartz) is now out in print.  This edition incorporates extensive developments in privacy law and includes an introductory chapter summarizing key new laws, cases and enforcement actions. Privacy Law Fundamentals is designed with […]

A Brief History of Information Privacy Law

I recently updated my book chapter, A Brief History of Information Privacy Law, which appears in the new edition of PLI’s Proskauer on Privacy. This book chapter, originally written in 2006 and updated in 2016, provides a brief history of information privacy law, with a primary focus on United States privacy law. It discusses the development […]

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.

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. […]

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.

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 […]

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 […]

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 […]