PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

The Kafkaesque Sacrifice of Encryption Security in the Name of Security

Encryption Backdoors - Kafkaesque

By Daniel J. Solove Proponents for allowing government officials to have backdoors to encrypted communications need to read Franz Kafka.  Nearly a century ago, Kafka deftly captured the irony at the heart of their argument in his short story, “The Burrow.” After the Paris attacks, national security proponents in the US and abroad have been […]

Does Cybersecurity Law Work Well? An Interview with Ed McNicholas

Cyber Security

“The US is developing a law of cybersecurity that is incoherent and unduly complex,” says Ed McNicholas, one of the foremost experts on cybersecurity law.  McNicholas is a partner at Sidley Austin LLP and co-editor of the newly-published treatise, Cybersecurity: A Practical Guide to the Law of Cyber Risk (with co-editor Vivek K. Mohan).   The […]

Sunken Safe Harbor: 5 Implications of Schrems and US-EU Data Transfer

By Daniel J. Solove In a profound ruling with enormous implications,the European Court of Justice (ECJ) has declared the Safe Harbor Arrangement to be invalid. [Press Release]  [Opinion] The Safe Harbor Arrangement The Safe Harbor Arrangement has been in place since 2000, and it is a central means by which data about EU citizens can […]

Phishing Your Employees: 3 Essential Tips

Phishing Training

A popular way some organizations are raising awareness about phishing is by engaging in simulated phishing exercises of their workforce.  Such simulated phishing can be beneficial, but there are some potential pitfalls and also important things to do to ensure that it is effective. 1. Be careful about data collection and discipline Think about the data […]

6 Great Films About Privacy and Security

By Daniel Solove I previously shared 5 of my favorite novels about privacy and security, and I’d now like to share 6 of my favorite films about these topics — because I just couldn’t whittle the list down to 5. I was thinking about my favorite films because I’ve been putting together a session at […]

PCI Training: Reducing the Risk of Phishing Attacks

PCI Training Payment Card Data Risks

The Payment Card Industry (PCI) Security Standards Council recently released a helpful short guide to preventing phishing attacks.  Merchants and any other organization that accepts payment cards most follow the PCI Data Security Standard (PCI DSS).  One of the requirements of the PCI DSS is to train the workforce about how to properly collect, handle, […]

Start with Security: The FTC’s Data Security Guidance

Recently, the FTC issued a short guide to what organizations can do to protect data security.  It is called Start with Security  (HTML) — a PDF version is here.  This document provides a very clear and straightforward discussion of 10 good information security measures.  It uses examples from FTC cases.

Why HIPAA Matters: Medical ID Theft and the Human Cost of Health Privacy and Security Incidents

By Daniel J. Solove Whenever I go to a doctor and am asked what I do for a living, I say that I focus on information privacy law. “HIPAA?” the doctors will ask. “Yes, HIPAA,” I confess. And then the doctor’s face turns grim.  At first, it looks like the face of a doctor about […]

5 Things the FTC Should Do to Improve Data Security in the Wake of Wyndham

Over at Fierce IT Security, Professor Woodrow Hartzog and I have a new essay, 5 Things the FTC Should Do to Improve Data Security in the Wake of Wyndham.  The piece discusses some enforcement strategies we believe the FTC should use to maximize its effectiveness in improving data security.  Our suggestions include: Do more proactive […]

New Security Training Program: Social Engineering: Spies and Sabotage

I am pleased to announce the launch of our new training program, Social Engineering: Spies and Sabotage. This course is a short module (~7 minutes long) that provides a general introduction to social engineering. After discussing several types of social engineering (phishing, baiting, pretexting, and tailgaiting), the course provides advice for avoiding these tricks and […]