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.
Category: Privacy Torts
Posts about Privacy Torts by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
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:
Unmasking a Judge’s Anonymity: Saffold v. Plain Dealer Publishing Co.
In a very interesting case, Saffold v. Plain Dealer Publishing Co., a state court judge (Shirley Strickland Saffold) is suing the Cleveland Plan Dealer for stating that comments posted on the newspaper’s website under the screen name “lawmiss” originated from a computer used by the judge and/or her daughter. Some of these comments related to […]
The SeaWorld Killer Whale Death Video and the Right to Privacy
Jessica Bennett at Newsweek brought my attention to a story about the family of the killer whale trainer (Dawn Brancheau) who was killed while training the whale at SeaWorld: Brancheau’s family announced this week that they would seek an injunction to protect the release of the death imagery, captured by SeaWorld’s surveillance cameras on Feb. […]
Family Privacy Rights in Death-Scene Images of the Deceased
In Newsweek, Jessica Bennett tells the tragic story about a family being harassed by the spread of death-scene images of their daughter, who was killed in an automobile accident. The photos of Nikki Catsouras were particularly gruesome — Nikki was decapitated in the crash. According to the article, soon after the crash, photos taken by […]
Rethinking Free Speech and Civil Liability
When does civil liability for speech trigger First Amendment protections? Recently, Professor Neil Richards and I posted on SSRN our new article exploring this question: Rethinking Free Speech and Civil Liability, 109 Columbia Law Review (forthcoming 2009).
A-Rod, Rihanna, and Confidentiality
Over at Emergent Chaos, Adam Shostack raises an interesting issue regarding Alex Rodriguez (A-Rod) and confidentiality. According to the rules in place about the baseball steroid testing back in 2003, the results of these tests were supposed to be confidential. According to Gregg Doyel at CBS:
Herring v. United States, the Exclusionary Rule, and Errors in Databases
Earlier this week, the U.S. Supreme Court decided Herring v. United States, a case examining whether the exclusionary rule should apply to a search that was based on an error in a database. In particular, due to a negligent error in a computer database indicating that there was an outstanding felony arrest warrant for Bennie […]
Privacy Expectations: Being Seen vs. Being Recorded
An interesting case from the Wisconsin Court of Appeals embodies what I believe is a thoughtful and nuanced understanding of privacy. The case is Wisconsin v. Jahnke, 2007AP2130-CR (Dec. 30, 2008). The case is a criminal prosecution of a man who secretly recorded his girlfriend in the nude, in violation of Wisconsin Statute § 942.09(2)(am). […]
Does the Roomates.com Case Affect CDA § 230 Immunity for JuicyCampus?
The U.S. Court of Appeals for the Ninth Circuit (en banc) has just issued a very interesting opinion interpreting a federal law providing immunity from liability for online speech — the Communications Decency Act (CDA), 47 U.S.C. § 230. The case is Fair Housing Council v. Roommates.com, LLC, 2008 WL 879293 (9th Cir. April 3, […]