PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

William Stuntz’s Misguided Theory of Privacy and Transparency

Privacy and Transparency

William Stuntz (law, Harvard) has long been advancing thoughtful provocative ideas about criminal procedure. I’ve always found Stuntz to be insightful even when I disagree (and I have disagreed with him a lot). Stuntz’s recent essay in The New Republic entitled Against Privacy and Transparency has me not just disagreeing, but doing so rather sharply.

The Datran Media Case: Information Privacy Due Diligence

Datran Media

Recently, New York AG Eliot Spitzer settled a case against Datran Media that could have some wide-ranging implications for information privacy law. Datran Media styles itself “a leading performance-based marketing company with Enabling Technology that connects marketers to consumers through a comprehensive set of email marketing and digital media services.” This is basically a verbose way of saying that […]

Outsourcing Our Data

Outsourcing Data and Privacy

A growing data privacy issue is the outsourcing of personal data. Increasingly, US companies are outsourcing data processing to other countries. Although the United States lags much of the world in data protection, our personal information is being sent overseas to many countries that lack the same level of privacy protections as the United States. […]

Georgia v. Randolph and Consent to Search One’s Home

Consent to Search a Home Under the Fourth Amendment

Once upon a time, a wolf came to the home of a little pig: Wolf: “Hello, little pig, let me come in.” Pig: “No, no! Not by the hair of my chinny chin chin!” Wolf: “Well, then I’ll huff and I’ll puff and I’ll blow your house in.” Pig’s Wife: “That won’t be necessary, Wolf, […]

A Taxonomy of Privacy

Daniel Solove's Taxonomy of Privacy

My article, A Taxonomy of Privacy, 154 U. Pa. L. Rev. 477 (2006), has recently been published. I have replaced an earlier draft of the article from over a year ago on SSRN with a copy of the final published version. This article is my attempt to provide a framework for understanding the concept of privacy. A […]

The Google Subpoena Case: A Google Victory

Google Subpoena and Privacy Case

On Friday, Judge James Ware, a U.S. District Judge in San Jose, CA, issued a decision in Gonzales v. Google, Inc., No. CV 06-8006MISC JW (Mar. 17, 2006), the case involving a government subpoena for Google search queries. A few days before Judge Ware released his opinion, he stated that he would be ordering Google to […]

Why You Should Teach Information Privacy Law

Information Privacy Law

Since now is the time that many new law professors are being hired, I thought I’d re-post an earlier post about teaching information privacy law. When new law professors are hired, there is often a lot of flexibility in what courses they can teach. While the law school will typically want a newly-hired professor to teach one […]