Clik here to view.
Opportunities and Roadblocks Along the Electronic Silk Road
Last week, Foreign Affairs posted a note about my book, The Electronic Silk Road, on its Facebook page. In the comments, some clever wag asked, “Didn’t the FBI shut this down a few weeks ago?” In other...
View ArticleWith Great Power Comes Great Responsibility
In a sentence, Anupam Chander’s The Electronic Silk Road contains the good, the bad and the ugly of the modern interconnected and globalized world. How many times do we use terms like “network” and...
View Article10 Reasons Why Privacy Matters
Why does privacy matter? Often courts and commentators struggle to articulate why privacy is valuable. They see privacy violations as often slight annoyances. But privacy matters a lot more than that....
View Article4 Points About the Target Breach and Data Security
There seems to be a surge in data security attacks lately. First came news of the Target attack. Then Neiman Marcus. Then the U.S Courts. Then Michael’s. Here are four points to consider about data...
View ArticleSome Thoughts on Section 230 and Recent Criminal Arrests
We’ve devoted considerable attention on our blog to Section 230 of the Communications Decency Act, which immunizes online service providers/hosts from liability for user-generated content. Site...
View ArticleCould Revenge Porn Victims Seek Civil Liability Against Hunter Moore?
Suppose that former revenge porn operator Hunter Moore is convicted of federal crimes of conspiracy to engage in computer hacking. Could individuals whose nude photos appeared on his site next to their...
View ArticleDifferential Pricing and Privacy: Good, Bad, or Otherwise?
The vast and ever increasing collection of information about consumers by search engines, advertisers, data brokers, web merchants, and myriad other online and offline companies raises many concerns. A...
View ArticleFTC v. Wyndham
The case has been quite long in the making. The opinion has been eagerly anticipated in privacy and data security circles. Fifteen years of regulatory actions have been hanging in the balance. We have...
View ArticleThe FTC and the New Common Law of Privacy
I’m pleased to announce that my article with Professor Woodrow Hartzog, The FTC and the New Common Law of Privacy, 114 Colum. L. Rev. 583 (2014), is now out in print. You can download the final...
View ArticleClik here to view.
Carrie Goldberg: IT’S CLEAR: CREATING AMATEUR PORN WITHOUT A PARTICIPANT’S...
This post is by Carrie Goldberg who is the founding attorney at C. A. Goldberg, PLLC in Brooklyn, New York focusing on litigation relating to electronic sexual privacy invasions. She is a volunteer...
View ArticleClik here to view.
Privacy and Data Security Harms
I recently wrote a series of posts on LinkedIn exploring privacy and data security harms. I thought I’d share them here, so I am re-posting all four of these posts together in one rather long post....
View ArticleClik here to view.
Interview on The Black Box Society
Balkinization just published an interview on my forthcoming book, The Black Box Society. Law profs may be interested in our dialogue on methodology—particularly, what the unique role of the legal...
View ArticleAdvice on How to Enter the Privacy Profession
Over at LinkedIn, I have a long post with advice for how law students can enter into the privacy profession. I hope that this post can serve as a useful guide to students who want to pursue careers...
View ArticleReining in the Data Brokers
I’ve been alarmed by data brokers’ ever-expanding troves of personal information for some time. My book outlines the problem, explaining how misuse of data undermines equal opportunity. I think extant...
View ArticleClik here to view.
Should the FTC Be Regulating Privacy and Data Security?
This post was co-authored with Professor Woodrow Hartzog. This past Tuesday the Federal Trade Commission (FTC) filed a complaint against AT&T for allegedly throttling the Internet of its customers...
View ArticleClik here to view.
The Black Box Society: Interviews
My book, The Black Box Society, is finally out! In addition to the interview Lawrence Joseph conducted in the fall, I’ve been fortunate to complete some radio and magazine interviews on the book. They...
View ArticleClik here to view.
5 Great Novels About Privacy and Security
I am a lover of literature (I teach a class in law and literature), and I also love privacy and security, so I thought I’d list some of my favorite novels about privacy and security. I’m also trying to...
View ArticleClik here to view.
The 5 Things Every Privacy Lawyer Needs to Know about the FTC: An Interview...
The Federal Trade Commission (FTC) has become the leading federal agency to regulate privacy and data security. The scope of its power is vast – it covers the majority of commercial activity – and it...
View ArticleClik here to view.
Surveillance and Our Addiction to Exposure
Bernard Harcourt’s Exposed: Desire and Disobedience in the Digital Age (Harvard University Press 2015) is an indictment of our contemporary age of surveillance and exposure — what Harcourt calls “the...
View ArticleThe Fragility of Desire
In his excellent new book Exposed, Harcourt’s analysis of the role of desire in what he calls the “expository society” of the digital age is seductive. We are not characters in Orwell’s 1984, or...
View Article
