PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Murky Consent: An Approach to the Fictions of Consent in Privacy Law

Article - Solove - 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 […]

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.

New 2022 Edition of PRIVACY LAW FUNDAMENTALS

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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 […]

Webinar – Privacy Legislation: How to Create Effective Privacy Laws

In this webinar, I moderate a discussion about recent privacy laws, what works, what fails, the virtues/vices of a private right of action, and other ideas for creating good laws. Speakers include: Lauren Scholz (Florida State Law) Ari Waldman (Northeastern Law) Margot Kaminski (Colorado Law) You can see the archived webinar by clicking the button […]

BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022)

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I’m delighted to announce that my new book, Breached!, with Professor Woodrow Hartzog is now out in print: BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press, March 1, 2022) Website for Breached!  Breached! Amazon Page Excerpt from the book jacket description: Drawing insights from many fascinating stories about data breaches, Solove […]

A Critique of the Uniform Law Commission’s Uniform Personal Data Protection Act

Critique of the ULC's Uniform Personal Data Protection Act 02

In 2021, the Uniform Law Commission (ULC) finalized its Uniform Personal Data Protection Act (UPDPA), a model law intended to be a guide to states seeking to enact broad privacy laws. Unfortunately, the ULC’s law is beyond disappointing.  Quite frankly, the UPDPA is quite terrible. No state should adopt it in whole or in part. It […]