PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Why Metadata Matters: The NSA and the Future of Privacy

 by Daniel J. Solove Over at Slate, Dahlia Lithwick and Steve Vladeck have a great piece about why “metadata” matters. It is very much worth reading. Here are some of my thoughts on the matter. Several National Security Agency (NSA) surveillance programs involve gathering metadata about our communications (the numbers we call or the email […]

Is Privacy Law Constitutional? Is Personal Data Speech?

by Daniel J. Solove Professor Neil M. Richards (Washington University School of Law) has posted a draft chapter of his forthcoming book about privacy law and free speech. It is a fascinating piece — very accessible and engaging. It’s called Why Data Privacy Law is (Mostly) Constitutional. Eyebrows were raised a few years ago when […]

Privacy Self-Management and the Consent Dilemma

by Daniel J. Solove I’m pleased to share with you my new article in Harvard Law Review entitled Privacy Self-Management and the Consent Dilemma, 126 Harvard Law Review 1880 (2013). You can download it for free on SSRN. This is a short piece (24 pages) so you can read it in one sitting. Here are […]

HIPAA Turns 10: Analyzing the Past, Present, and Future Impact

by Daniel J. Solove In the April issue of the Journal of AHIMA, I authored two short pieces about HIPAA: HIPAA Turns 10: Analyzing the Past, Present, and Future Impact 84 Journal of AHIMA 22 (April 2013) HIPAA Mighty and Flawed: Regulation has Wide-Reaching Impact on the Healthcare Industry 84 Journal of AHIMA 30 (April […]

The PII Problem: Privacy and a New Concept of Personally Identifiable Information

PII

My article, The PII Problem: Privacy and a New Concept of Personally Identifiable Information (with Professor Paul Schwartz), is now out in print.   You can download the final published version from SSRN.  Here’s the abstract:

The Relationship Between Theory and Practice

Library

The longstanding attacks on legal scholarship all seem to assume a particular relationship between theory and practice, one that I believe is flawed.  Recently, I responded to one such critique.  There are others, with Justice Roberts and many other judges and practitioners claiming that legal scholarship isn’t worth their attention and isn’t useful to the […]