PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Three TV Commercials Show What’s Wrong with Big Tech, Privacy, and AI

Originally posted on Substack

This year’s Superbowl was a showcase for how out of touch tech companies are when it comes to privacy and AI. Several ads demonstrated that tech companies are obtuse about the dystopia they’re creating.

Hopefully, public reaction will get through to policymakers that the tone deafness of tech companies reveals a deeper disconnect between the future they seek to bring about and the future most in society want. Tech companies aren’t going to take us to the promised land; they’ll take us to hell instead unless policymakers take bold steps to ensure they don’t.

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Why Consent Is Broken for Privacy and AI

Originally posted on Substack

The following is an excerpt from my book ON PRIVACY AND TECHNOLOGY where I summarize my thinking on privacy consent:

New technologies pose significant challenges to people’s ability to consent to the collection, use, and disclosure of their personal data. Under most privacy laws, consent makes permissible a wide array of data collection and processing. Websites, devices, and software continually attempt to induce people to consent (or pretend that people have consented) to data practices that are risky, troublesome, and unexpected.

To be meaningful, consent must not be unduly manipulated or coerced. And consent must be informed: people must be able to weigh the costs and benefits of consenting. Unfortunately, most privacy consent falls far short of these goals. In fact, privacy consent could almost be called a complete fiction.

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Bizarre Dystopian Superbowl AI Commercial

Alexa Ad 01

Here’s a bizarre dystopian Superbowl commercial where AIexa+ tries to kill Chris Hemsworth many different ways, then offers him a massage. And this is to try to convince folks that AI is good? I thought it was a promo for a Black Mirror episode.

<iframe width=”560″ height=”315″ src=”https://www.youtube.com/embed/ha92_hfK9Po?si=ka8ErdwxqU_evaIs” title=”YouTube video player” frameborder=”0″ allow=”accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share” referrerpolicy=”strict-origin-when-cross-origin” allowfullscreen></iframe>

 

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My Warning from the Past Remembered

Chronicle of Higher Ed

It’s gratifying to see a Chronicle of Higher Education editor recall a piece I wrote there 15 years ago — though I wish the remembrance was for less ominous reason. He concludes: “It appears that the moment he warned us about has arrived.”

My Chronicle of Higher Ed piece is based on my article, “I’ve Got Nothing to Hide” and Other Misunderstandings of Privacy (free download).

I also wrote a book about the topic, NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY – I posted the entire book free online on SSRN.

Nothing to HIde - Solove 01

 

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Cartoon: Cookie Apocalypse

Cartoon Cookie Apocalypse - TeachPrivacy Training 02 JPG

My cartoon about cookies. Privacy law has waged war against the cookie, resulting in endless cookie banners which make a mockery of privacy. Many are dark patterns. Few achieve any purpose other than to annoy users.

For more on my views about how privacy consent is broken, see my article, Murky Consent: An Approach to the Fictions of Consent in Privacy Law, 104 B.U. L. Rev. 593 (2024).

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Privacy in Authoritarian Times: Surveillance Capitalism and Government Surveillance – Final Published Version

Privacy in Authoritarian Times

I’m very excited to share with you the final published version of my article, Privacy in Authoritarian Times: Surveillance Capitalism and Government Surveillance, 67 Boston College Law Review 51 (2026).  You can download the article for free on SSRN.

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Challenging Times Ahead for the Privacy Office

Originally posted on Substack

It’s Data Privacy Day, though it’s now been expanded to data privacy week. Things are quite turbulent for privacy these days, so we need to celebrate less and focus on how to respond to the challenges ahead.

Based on my anecdotal assessment, the CPO and DPO roles seem to have expanded to encompass AI. Unfortunately, despite the growing number of laws and issues CPOs and DPOs face, I don’t see big budget increases, team expansions, or salary increases.

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