PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

10 Reasons Why the Fourth Amendment Third Party Doctrine Should Be Overruled in Carpenter v. US

10 Reasons to Overrule the Fourth Amendment Third Party Doctrine

The U.S. Supreme Court will be hearing arguments this week in Carpenter v. United States, which is one of the most important Fourth Amendment cases before the Court.  The case involves whether the Third Party Doctrine will remain viable.  If so, the Fourth Amendment will fade into obsolescence in today’s digital age. In this post, […]

Silencing #MeToo: How NDAs and Litigation Stifle Victims, Innovators, and Critics — An Interview with Orly Lobel

  Countless women have been coming forward to say #MeToo and share their traumatic stories of sexual harassment and assault. But there are many stories we’re not hearing. These stories are being silenced by extremely broad nondisclosure agreements (NDAs), some made at the outset of employment and others when settling litigation over sexual harassment. They […]

Beyond GDPR: The Challenge of Global Privacy Compliance — An Interview with Lothar Determann

For multinational organizations in an increasingly global economy, privacy law compliance can be bewildering these days. There is a tangle of international privacy laws of all shapes and sizes, with strict new laws popping up at a staggering speed. Federal US law continues to fade in its influence, with laws and regulators from abroad taking the […]

Privacy and Security in Health Tech: Improving Transparency About Practices

Many app developers overlook privacy and security by failing to do one of the most basic first steps of data protection – informing consumers of their practices. For example, in a study published in 2016 in the Journal of the American Medical Association, 80% of diabetes apps surveyed didn’t have a notice informing consumers about privacy […]

Preparing for GDPR: A Year to Batten Down the Hatches

GDPR Cartoon by Daniel J Solove

The General Data Protection Regulation (GDPR) will go into effect on May 25, 2018.  The GDPR strengthens privacy protections in the EU and includes a number of additional rights and responsibilities.

The U.S. Congress Is Not the Leader in Privacy or Data Security Law

Capitol Sinking 01

A common myth is that the U.S. Congress is a leader in creating privacy and data security law.  But this has not been true for quite some time.  Congress isn’t leading, and even the policies and practices of US companies are increasingly built around the law of the European Union (EU) or the states. In […]