PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

My Privacy and Security Scholarship in 2017

Scholarship about Privacy and Security

In this post, I provide a brief overview of my scholarship last year. Risk and Anxiety: A Theory of Data Breach Harms  I co-authored  Risk and Anxiety: A Theory of Data Breach Harms with Professor Daniel Keats Citron.  The piece is forthcoming in Texas Law Review this year.  Even though there continues to be a steady […]

Silencing #MeToo: How NDAs and Litigation Stifle Victims, Innovators, and Critics — An Interview with Orly Lobel

  Countless women have been coming forward to say #MeToo and share their traumatic stories of sexual harassment and assault. But there are many stories we’re not hearing. These stories are being silenced by extremely broad nondisclosure agreements (NDAs), some made at the outset of employment and others when settling litigation over sexual harassment. They […]

The Nothing-to-Hide Argument – My Essay’s 10th Anniversary

Privacy Surveillance Nothing to Hide Argument

In response to government surveillance or massive data gathering, many people say that there’s nothing to worry about.  “I’ve got nothing to hide,” they declare.  “The only people who should worry are those who are doing something immoral or illegal.” The nothing-to-hide argument is ubiquitous.  This is why I wrote an essay about it 10 […]

New Edition of Privacy Law Fundamentals

Privacy Law Fundamentals

I’m pleased to announce that a new 4th edition of my short guide, PRIVACY LAW FUNDAMENTALS  (IAPP 2017)  (co-authored with Professor Paul Schwartz) is now out in print.  This edition incorporates extensive developments in privacy law and includes an introductory chapter summarizing key new laws, cases and enforcement actions. Privacy Law Fundamentals is designed with […]

A Brief History of Information Privacy Law

I recently updated my book chapter, A Brief History of Information Privacy Law, which appears in the new edition of PLI’s Proskauer on Privacy. This book chapter, originally written in 2006 and updated in 2016, provides a brief history of information privacy law, with a primary focus on United States privacy law. It discusses the development […]

The Digital Person: Technology and Privacy in the Information Age

    I am now offering the full text of my book The Digital Person:  Technology and Privacy in the Information Age (NYU Press 2004) online for FREE download.

The 5 Things Every Privacy Lawyer Needs to Know about the FTC: An Interview with Chris Hoofnagle

Privacy and Security Training

The Federal Trade Commission (FTC) has become the leading federal agency to regulate privacy and data security. The scope of its power is vast – it covers the majority of commercial activity – and it has been enforcing these issues for decades. An FTC civil investigative demand (CID) will send shivers down the spine of […]

The Ultimate Unifying Approach to Complying with All Laws and Regulations

The Ultimate Unifying Approach to Complying with All Laws and Regulations

Professor Woodrow Hartzog and I have just published our new article, The Ultimate Unifying Approach to Complying with All Laws and Regulations, 19 Green Bag 2d 223 (2016).  Our article took years of research and analysis, intensive writing, countless drafts, and endless laboring over every word. But we hope we achieved a monumental breakthrough in the […]

Teaching Information Privacy Law

I originally posted a version of this post more than 10 years ago, in 2005.  I think it is important to re-post it, with a few updates. I strongly recommend teaching information privacy law in law schools.  I have authored several textbooks in the field, and I know that this might seem like a self-plug.  […]