Archive of posts about Clapper v. Amnesty International by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness training company.
In a recent case, the U.S. Court of Appeals for the 11th Circuit weighed in on an issue that has continued to confound courts: Is there an injury caused by a data breach when victims don’t immediately suffer financial fraud? I wrote on this issue in an article with Professor Danielle Citron in 2018, Risk and Anxiety: […]
In In re Zappos.com, Inc., Customer Data Security Breach Litigation (9th Cir., Mar. 8, 2018), the U.S. Court of Appeals for the 9th Circuit issued a decision that represents a more expansive way to understand data security harm. The case arises out of a breach where hackers stole personal data on 24 million+ individuals. Although […]
My new article was just published: Risk and Anxiety: A Theory of Data Breach Harms, 96 Texas Law Review 737 (2018). I co-authored the piece with Professor Danielle Keats Citron. We argue that the issue of harm needs a serious rethinking. Courts are too quick to conclude that data breaches don’t create harm. There are two […]