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 […]
Category: Privacy Regulation
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 […]
Dataministeriet Podcast Interview About Privacy Law
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.
The Limitations of Privacy Rights
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, […]
Murky Consent: An Approach to the Fictions of Consent in Privacy Law
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 […]
Webinar – Fight for Privacy in a Post-Dobbs World
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 […]
Cartoon: Privacy Law Frankenstein
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!
Webinar on ADPPA – Bill for a Federal Comprehensive Privacy Law
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. […]
An Overview of Privacy Law in 2022
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.