This year is the 20th anniversary of my first book, The Digital Person: Technology and Privacy In the Information Age (NYU Press 2004) (Amazon) (free digital copy on SSRN). I thought that it would be a great opportunity to engage in a reflection on some of the points I discussed in the book. Apologies for […]
Category: Privacy Torts
Posts about Privacy Torts by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
Restoring the CDA Section 230 to What It Actually Says
When Donald Trump targeted the Communications Decency Act (CDA) Section 230, a debate about the law flared up. Numerous reforms were proposed, some even seeking to abolish the law. Unfortunately, the debate has been clouded with confusion and misinformation. Although I disagree with many of the proposals to reform it or abolish Section 230, I […]
Privacy Law: From a National Dish to a Global Stew
By Daniel J. Solove This post is co-authored by Professor Neil Richards The recent case of Google v. Vidal-Hall in the UK has generated quite a buzz, with Omer Tene calling it the “European privacy judicial decision of a decade.” The case illustrates several fascinating aspects of the developing global law of privacy, with big […]
Ravi Trial Verdict for Invading the Privacy of Clementi
Dharun Ravi was found guilty of invasion of privacy when he used a webcam to watch and broadcast online Clementi’s intimate activities with another man in their shared dorm room. From CNN:
Privacy Torts in Canada and the International Convergence of Privacy Law
In a recent case, the Court of Appeal for Ontario, Canada recognized the privacy torts that are widely-recognized in the United States. Many foreign common law jurisdictions, including the United Kingdom and other countries, have steadfastly refused to recognize the privacy torts spawned by the 1890 law review article by Samuel Warren and Louis Brandeis, […]
J.K Rowling, Defamation and Privacy Law, and the Chilling of the Media
A common argument made to justify First Amendment restrictions on privacy torts and defamation law is that legal liability will chill the media. I am generally sympathetic to these arguments, though only to a point. I think these arguments are often overblown. An interesting point of comparison is the UK, where there is a much […]
New Details in the Tyler Clementi Cyberbullying Case
There are some new details emerging in the Tyler Clementi cyberbullying case at Rutgers. The case involves freshmen at Rutgers University. Dharun Ravi used a webcam to film and broadcast online an intimate encounter between his roommate Tyler Clementi and another man.
Off-Campus Cyberbullying and the First Amendment
The U.S. Court of Appeals for the Fourth Circuit recently upheld a school’s discipline of a student for engaging in off-campus cyberbullying of another student. In Kowalski v. Berkeley County Schools, — F.3d — (4th Cir. July 27, 2011), a student (Kara Kowalski) created a MySpace profile called “S.A.S.H.,” which she said was short for […]
New Privacy Law Reference Book: Privacy Law Fundamentals
Professor Paul Schwartz (Berkeley School of Law) and I recently published a new book, PRIVACY LAW FUNDAMENTALS. This book is a distilled guide to the essential elements of U.S. data privacy law. In an easily-digestible format, the book covers core concepts, key laws, and leading cases.
The Slow Demise of Defamation and the Privacy Torts
The ABA Journal reports [link no longer available] that the number of libel suits has been steadily dropping in the United States: