PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Data Is What Data Does: Regulating Based on Harm and Risk Instead of Sensitive Data

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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 […]

First Amendment Expansionism and California’s Age-Appropriate Design Code

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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 […]

My Speech at EUROPOL on the Nothing to Hide Argument

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 […]

The Limitations of Privacy Rights

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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

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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 […]

Webinar on ADPPA – Bill for a Federal Comprehensive Privacy Law

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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.