News, Developments, and Insights

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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 flow of data breaches, there remains significant confusion in the courts around the issue of harm. Courts struggle with data breach harms because they are intangible, risk-oriented, and diffuse.  Professor Citron and I argue: “Despite the intangible nature of these injuries, data breaches inflict real compensable injuries. Data breaches raise significant public concern and legislative activity. Would all this concern and activity exist if there were no harm? Why would more than 90% of the states pass data-breach notification laws in the past decade if breaches did not cause harm?”  We provide examples of different types of data breaches and discuss whether harm should be recognized. We argue that there are many instances where we would find harm that the majority of courts today would not.

Download Risk and Anxiety: A Theory of Data Breach Harms for free

A Brief History Of Information Privacy Law

I  updated my book chapter, A Brief History of Information Privacy Law, in the PLI’s Proskauer on Privacy.  This chapter includes:

  • A brief history of information privacy law focusing primarily on US privacy law
  • The development of the common law torts
  • Fourth Amendment law
  • The constitutional right to information privacy
  • Numerous federal statutes pertaining to privacy
  • Electronic surveillance laws
  • A look at how privacy law has changed in response to new technologies

View the table of contents           Download for free

Textbooks: New Editions

6th Edition of INFORMATION PRIVACY LAW  (Aspen 2018)

The Sixth Edition of Information Privacy Law has been revised to include the General Data Protection Regulation, Spokeo, and many other new developments.
View the table of contents       Get More Information

I also updated three short paperbacks that are adapted from the casebook.


Consumer Privacy and Data Protection contains key cases and materials focusing on privacy issues related to consumer privacy and data security including :

  • Big Data
  • Financial privacy
  • FCRA
  • GLBA
  • FTC privacy and security regulation
  • Identity theft
  • Online behavioral advertising
  • First Amendment limitations on privacy regulation
  • Data breaches
  • Data breach notification statutes
  • Privacy of video watching and media consumptions
  • CFAA
  • Enforcement of privacy policies
  • marketing use of data, and more

(Second Edition, Aspen 2018)

Privacy, Law Enforcement, and National Security contains key cases and materials focusing on privacy issues related to government surveillance and national security including:

  • The Fourth Amendment
  • Third Party Doctrine
  • Metadata
  • Sensory enhancement technology
  • Video surveillance
  • Audio surveillance
  • Location tracking and GPS
  • Electronic surveillance law
  • Computer searches
  • ECPA
  • FISA
  • Foreign intelligence
  • NSA surveillance

PRIVACY AND THE MEDIA (3rd Edition, Aspen 2018)

Privacy and the Media contains key cases and materials focusing on privacy issues related to the media including:

  • Privacy torts
  • Free speech
  • First Amendment
  • Paparazzi
  • Defamation
  • Online gossip
  • Social network websites

Privacy Law Fundamentals

The fourth edition of the popular Privacy Law Fundamentals text incorporates extensive developments in privacy law and includes an introductory chapter summarizing key new laws, cases and enforcement actions. View the Table of Contents        Get More Information

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This post was authored by Professor Daniel J. Solove, who through TeachPrivacy develops computer-based privacy and data security training. He also posts at his blog at LinkedIn, which has more than 1 million followers.

Professor Solove is the organizer, along with Paul Schwartz, of the Privacy + Security Forum (Oct. 3-5, 2018 in Washington, DC), an annual event designed for seasoned professionals.  This February, Professors Solove and Schwartz are launching a new event, the International Privacy+Security Forum (Feb. 26-27, 2018 In Washington, DC).

International Privacy+Security Forum

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