PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

First Amendment Expansionism and California’s Age-Appropriate Design Code

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The recent district court decision in NetChoice v. Bonta (N.D. Cal., Sept. 18, 2023) holding that the California Age-Appropriate Design Code (CAADC) likely violates the First Amendment is a ridiculously expansive interpretation of the First Amendment, one that would annihilate most regulation if applied elsewhere.  This decision is one of a new breed of opinions […]

Counterman and the U.S. Supreme Court’s Overly Mechanical First Amendment Protection of Threats

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In Counterman v. Colorado (June 27, 2023), the U.S. Supreme Court held that in order for a defendant to be convicted of a crime for making a threat to another person, the “State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence.”  In other words, […]

Cartoon: Video Recording

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This cartoon focuses on video recording – how people readily whip out their phones to record events involving people in distress. The “bystander effect” is often invoked to describe the phenomenon of why people watch an emergency unfold without trying to help the victim. Perhaps there should be a modern update to the “bystander effect” […]

Cartoon: Social Media

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It is hard to imagine a world without social media. People are increasingly relying on social media to maintain friendships, share photos and happenings with family, and keep current with the news.  But there’s a dark side – more superficial relationships, cyberbullying, harassment, hate speech, and manipulation. Social media has become a cesspool of lies […]

Employers and Schools that Demand Account Passwords and the Future of Cloud Privacy

by Daniel J. Solove In 2012, the media erupted with news about employers demanding employees provide them with their social media passwords so the employers could access their accounts. This news took many people by surprise, and it set off a firestorm of public outrage. It even sparked a significant legislative response in the states. […]

HIPAA Cartoon on Social Media Use

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Here’s a cartoon on HIPAA and social media use to jump start your week.  You can’t think enough about HIPAA these days.  HIPAA audits are back, and OCR is having a vigorous enforcement year this year, something I plan to post about soon.

K-12 Schools Must Teach Data Privacy and Security

By Daniel J. Solove It is essential that children learn about data privacy and security.  Their lives will be fully enveloped by technologies that involve data.  But far too little about these topics is currently taught in most schools.  Fortunately, there is a solution, one that I’m proud to have been involved in creating.  The […]

Jennifer Lawrence’s Nude Photos and Civil Rights Law: An Interview with Danielle Citron

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“It is a sexual violation. It’s disgusting. The law needs to be changed, and we need to change.” — Jennifer Lawrence on her nude photos being non-consensually disclosed online Fairly recently, Jennifer Lawrence’s iCloud account was hacked and her private nude photos were stolen and posted online. She was mortified. Her case is just one […]

Follow Professor Solove on Social Media

If you are interested in privacy and data security issues, there are many great ways Professor Solove can help you stay informed: Professor Solove’s LinkedIn Influencer blog You can follow Professor Solove on his blog at LinkedIn, where he is an “LinkedIn Influencer.”  He blogs about various privacy and data security issues. His blog has […]

Being a Juror Can Result in a Huge Loss of Privacy

by Daniel J. Solove For trial attorneys, a key component to winning is carefully selecting people for the jury and tailoring arguments to best influence, nudge, or perhaps even manipulate jurors into reaching a particular verdict. As a result, there is a hunger to learn about the private lives of jurors, and serving on a […]