PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

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 […]

Data Is What Data Does: Regulating Use, Harm, and Risk Instead of Sensitive Data

Article - Solove - Data Is What Data Does - Sensitive Data 02

I posted a draft of my new article, Data Is What Data Does: Regulating Use, Harm, and Risk Instead of Sensitive Data. It is just a draft, and I welcome feedback. You can download it for free here: Here’s the abstract: Heightened protection for sensitive data is becoming quite trendy in privacy laws around the […]

2022 Highlights: Scholarship and Writings

Here’s a roundup of my scholarship and writings for 2022. SCHOLARSHIP BOOKS  BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford U. Press 2022) (with Woodrow Harzog) Free chapter: Unifying Privacy and Data Security PRIVACY LAW FUNDAMENTALS (IAPP 6th ed. 2022) (with Paul Schwartz) Free chapter: An Overview of Privacy Law

Notable Privacy and Security Books 2022

Here are some notable books on privacy and security from 2022. This year, I celebrate the 15th anniversary from when I began these posts. To see a more comprehensive list of nonfiction works about privacy and security for all years, Professor Paul Schwartz and I maintain a resource page on Nonfiction Privacy + Security Books.

AI and the Equality Machine: An Interview with Orly Lobel

Orly Lobel - Equality Machine 01

We often hear of the dark side of artificial intelligence (AI), how it will plunge us into a dystopian world of lost privacy and bad automated decisions, culminating in the robots killing us all. Professor Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future (Public Affairs, October 2022) offers a very […]

Unifying Privacy and Data Security

Unifying Privacy and Security

Professor Woodrow Hartzog and I have posted on SSRN another free chapter from our recent book. The chapter is entitled Unifying Privacy and Data Security. The chapter is about the relationship between privacy and data security, and it can be read as a stand-alone essay. With our publisher’s gracious permission, we’re making this chapter available […]

Data Vu: Why Breaches Involve the Same Stories Again and Again

Scientific American Article - Data Vu by Solove Hartzog

Woodrow Hartzog and I wrote a new article about data breaches called “Data Vu: Why Breaches Involve the Same Stories Again and Again.” We discuss how data breaches involve the same old mistakes and how we must break the cycle. We begin: In the classic comedy Groundhog Day, protagonist Phil, played by Bill Murray, asks “What would […]

The Best Books About Privacy

Best Privacy Books

I was invited by Shepherd to list my recommendations for the 5 best books about privacy. Shepherd is a site that posts lists of best books recommended by experts about various topics. It has excellent lists. I was delighted to have the chance to share my admiration for superb books by Woodrow Hartzog, Danielle Citron, […]

Key Quotes from BREACHED!

Breached - Solove and Hartzog 11

Professor Woodrow Hartzog and I selected some key quotes from our new book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022). Website for Breached!  Breached! Amazon Page Download Chapter 1 for free The Law’s Obsessive and Unproductive Focus on Data Breaches “Too much of the current law of data security […]