PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

2024 Highlights: Privacy and AI Scholarship

Highlights 2024 Privacy and AI Scholarship

Here’s a roundup of my scholarship for 2024. But first, a preview of my forthcoming book (Feb 2025): ON PRIVACY AND TECHNOLOGY (Oxford University Press) – Available for Pre-Order From the book jacket: Succinct and eloquent, On Privacy and Technology is an essential primer on how to face the threats to privacy in today’s age of digital technologies and AI. […]

The Tyranny of Algorithms

We live today increasingly under the tyranny of algorithms. They rule over us. They shape what we say and how we interact with each other. They shape behavior. They affect whether people get jobs and other essential things in life. And algorithms kill people. Algorithms work behind the curtains, cloaked in secrecy, often unaccountable. Algorithmic […]

Information Fiduciaries and Privacy

Information Fiduciaries and Privacy 02 JPEG

Information fiduciaries have emerged as a major part of the discussion of privacy regulation.  In a nutshell, the information fiduciaries approach aims to apply aspects of fiduciary law to the companies that collect and use our personal data. As one court explained the fiduciary relationship: “A fiduciary relationship is one founded on trust or confidence […]

Digital Dossiers and the Aggregation Effect

Digital Person 03

This year is the 20th anniversary of my first book, The Digital Person: Technology and Privacy In the Information Age (NYU Press 2004) (Amazon) (free digital copy on SSRN). I thought that it would be a great opportunity to engage in a reflection on some of the points I discussed in the book.  Apologies for […]

My Forthcoming Book, ON PRIVACY AND TECHNOLOGY, Available for Pre-Order

On Privacy and Technology - Solove 04

I am excited to announce that my forthcoming book, ON PRIVACY AND TECHNOLOGY (Oxford University Press) is now available for pre-order. It will be in print in January 2025. From the book jacket: Succinct and eloquent, On Privacy and Technology is an essential primer on how to face the threats to privacy in today’s age of […]

The Great Scrape: The Clash Between Scraping and Privacy

The Great Scrape - The Clash Between Scraping and Privacy

I’m posting a new article draft with Professor Woodrow Hartzog (BU Law), The Great Scrape: The Clash Between Scraping and Privacy. We argue that “scraping” – the automated extraction of large amounts of data from the internet – is in fundamental tension with privacy. Scraping is generally anathema to the core principles of privacy that […]

Kafka in the Age of AI and the Futility of Privacy as Control

Kafka in the Age of AI - an essay by Professors Daniel Solove and Woodrow Hartzog

I’m posting the final published version of my essay with Professor Woodrow Hartzog (BU Law), Kafka in the Age of AI and the Futility of Privacy as Control, 104 B.U. L. Rev. 1021 (2024). It’s a short engaging read – just 20 pages!  We argue that although Kafka shows us the plight of the disempowered […]

Against Privacy Essentialism – My Response to Angel and Calo’s Critique of My Theory of Privacy

Against Privacy Essentialism - Solove Response to Angel and Calo 03

What is “privacy”? The concept of privacy has been elusive to define, but I developed a theory for understanding privacy about 20 years ago. Maria Angel and Ryan Calo recently published a formidable critique of my theory of privacy: Maria P. Angel and Ryan Calo, Distinguishing Privacy Law: A Critique of Privacy as Social Taxonomy, […]

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

Article - Murky Consent - Fictions of Privacy Consent - Solove 01

I’m delighted to share the newly-published final version of my article: Murky Consent: An Approach to the Fictions of Consent in Privacy Law 104 B.U. L. Rev. 593 (2024) I’ve been pondering privacy consent for more than a decade, and I think I finally made a breakthrough with this article.  I welcome feedback and hope […]