PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Top 10 Privacy Law Developments of the Decade 2010-2019

Top 10 Privacy Law Developments of the Decade 2010-2019 02

It is an understatement to say that a lot has happened in privacy law during the past decade. Here is my list of the most notable developments. NOTE: I am giving a particular emphasis to what I find to be notable from a United States perspective.  What is notable privacy law depends upon where one […]

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The Trouble with Spokeo: Standing, Privacy Harms, and Biometric Information

Rivera v Google BIPA - Illinois Biometric Information Privacy Act - Facial Recognition - Spokeo

A recent case involving the Illinois Biometric Information Privacy Act (BIPA), Rivera v Google (N.D. Ill. No. 16 C 02714, Dec. 28, 2018), puts the ills of Spokeo Inc. v. Robins on full display.  In Rivera, plaintiffs sued Google under BIPA, which prohibits companies from collecting and storing specific types of biometric data without people’s consent.  The plaintiffs alleged that Google […]

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NASA v. Nelson

NASA v Nelson

The U.S. Supreme Court has decided NASA v. Nelson, reversing the 9th Circuit 8-0.  My thoughts about the case are here and here [links no longer available], and as I predicted, the Court rejected the 9th Circuit holding that the government employment background check questionnaires violated the constitutional right to information privacy.  Fortunately, the Court […]

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How to Fix the Supreme Court Justice Confirmation Process

Supreme Court Justices

There are few defenders of the Supreme Court Justice confirmation process. Every time it occurs, we go through a charade of hearings, where candidates are coy about their positions on most issues and talk about “neutrality” and being a mere “umpire.” Who are they kidding? We all know that no judge is neutral or a […]

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What Is Empathy? Obama’s Philosophy of Law and the Next Supreme Court Justice

Supreme Court

There has been a lot of discussion on what President Obama meant when he said he wanted to choose a person who would judge with “empathy” for the U.S. Supreme Court.   When articulating his decision to vote against Chief Justice John Roberts, Obama noted that 95 percent of cases would be relatively straightforward where most […]

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