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 […]
On September 19, 2023, I am speaking at the European Union Agency for Law Enforcement Cooperation (EUROPOL) event, Whispers of Contrast (Madrid, Spain). The topic of my talk will be “Nothing to Hide – Nothing to Fear?” and will be based on my book, Nothing to Hide: The False Tradeoff Between Privacy and Security. You […]
I had a great discussion with Filip Johnssén about various privacy law issues on his podcast, Dataministeriet. It begins in Swedish, then turns to English after a brief introduction.
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, Murky Consent: An Approach to the Fictions of Consent in Privacy Law. It is just a draft, and I welcome feedback. You can download it for free here: Here’s the abstract: Consent plays a profound role in nearly all privacy laws. As Professor Heidi Hurd aptly said, consent […]
This webinar focused on themes from Danielle Citron’s new book, The Fight for Privacy: online harassment and hate, Section 230, and how privacy invasions disproportionately are targeted at women. We discussed the implications of Dobbs, where the U.S. Supreme Court struck down the right to abortion. As Elizabeth Joh points out in a recent article, the […]
Here’s my new Halloween cartoon. It captures the many different privacy laws that organizations must follow. I’m curious to know the various combinations of privacy laws that various organizations must deal with. Please take my super short survey below. Thanks!
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. […]
Free download of Chapter 1 of PRIVACY LAW FUNDAMENTALS (6th ed. 2022) An Overview of Privacy Law The chapter covers the types of privacy law, provides a list of US federal privacy laws, and includes an historical timeline of major developments in privacy law.
I am pleased to announce that Professor Paul Schwartz and I have just published a new 6th edition of our book, PRIVACY LAW FUNDAMENTALS. Now in a new 6th edition for 2022, PRIVACY LAW FUNDAMENTALS is a distilled guide to the essential elements of U.S. data privacy law. In an easily-digestible format, the book covers […]