Posts about Privacy+Security Scholarship by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
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 […]
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 […]
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, […]
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 […]
Over at IAPP News, I wrote a short essay called A Regulatory Roadmap to AI and Privacy. It summarizes my longer article, Artificial Intelligence and Privacy. For those who want the short 2,000 word version of my thoughts on AI and privacy, read the short essay. For those who want more detail, then read the full […]
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 […]
HOT OFF THE PRESS! Privacy Law Fundamentals, Seventh Edition (2024). This is my short guide to privacy law with Professor Paul Schwartz (Berkeley Law). Believe it or not, there have been some new developments in privacy law . . . “This book is an indispensable guide for privacy and data protection practitioners, students, and scholars. […]
Professor Woodrow Hartzog and I are posting The Failure of Data Security Law as a free download on SSRN. This is a chapter is from our book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT. In this book chapter, we survey the law and policy of data security and analyze its strengths […]
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 […]
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 […]