PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

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 […]

AI, Algorithms, and Awful Humans – Final Published Version

Article - Solove Matsumi AI Algorithms Awful Humans 09

I am pleased to share the final published version of my short essay with Yuki Matsumi. It was written for a symposium in Fordham Law Review. AI, Algorithms, and Awful Humans 92 Fordham L. Rev. 1923 (2024) Mini Abstract: This Essay critiques arguments that algorithmic decision-making is better than human decision-making. Two arguments are often advanced […]

Artificial Intelligence and Privacy

AI and Privacy 01

I’m delighted to post my new article draft, Artificial Intelligence and Privacy. The article aims to provide the conceptual and practical ground work for how to understand the relationship between AI and privacy as well as provide a roadmap for how privacy law should regulate AI. Here’s the abstract: This Article aims to establish a foundational understanding […]

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 […]

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 very pleased to post a draft of my forthcoming 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. (forthcoming 2024). It’s a short engaging read – just 20 pages!  We argue that although Kafka shows us the plight of […]