Category Archives: Defamation and Privacy
Mason Clark, ‘It Takes a Village (to Raise Children’s Privacy)’
ABSTRACT Raising children is an expensive and (mostly) rewarding commitment. Many parents, guardians, and caregivers are willing to invest in indestructible car seats, private schools, and organic, farm-fresh, whole-grain, low-sugar, dye-free, naturally flavored foods. Is it reasonable to ask them to invest in children’s privacy? Surely companies can’t expect parents to stand guard at the […]
Jennifer Urban, ‘Governing Data: The Role of State Privacy Law’
ABSTRACT This essay, built on keynote remarks, makes two claims. First, privacy, as a fundamental right, should be considered a principal component of data governance. In today’s world, the concerns about computer processing that arose in the 1960s and 1970s have accelerated even as policy remains behind. And where those concerns, and protections, in the […]
Diamantis, Nithyanand and Sun, ‘Information About Data’
ABSTRACT Deterrence-based approaches to privacy enforcement rely on an overlooked and often false premise – that firms know what their own data practices are. There is good reason for skepticism because operational information tends to become siloed within firm subunits. Information about data management is no different. Firms may neglect to memorialize relevant information in […]
Hatim Rahman, ‘The Invisible Cage: Workers’ Reactivity to Opaque Algorithmic Evaluations’
ABSTRACT Existing research has shown that people experience third-party evaluations as a form of control because they try to align their behavior with evaluations’ criteria to secure more favorable resources, recognition, and opportunities from external audiences. Much of this research has focused on evaluations with transparent criteria, but increasingly, algorithmic evaluation systems are not transparent. […]
Frischmann and Rajtmajer, ‘Defending Consent in Privacy Law’
ABSTRACT The moral magic of consent in privacy law is pure illusion. Existing consent mechanisms transform legal and social relationships without requiring actual consent. Our surveillance-based economy is thus built upon countless legal lies. Privacy scholars lament this state of affairs. They acknowledge that consent is illusory and broken. Some argue it should be abandoned […]
David Erdos, ‘Post-GDPR Regulatory Enforcement of UK Data Protection: Reality, Scrutiny, Oversight and Future’
ABSTRACT The General Data Protection Regulation and associated legal reforms in 2018 promised strong regulatory enforcement secured primarily through comprehensive and dissuasive fines. Although this law has largely continued post-Brexit, UK regulatory realities are starkly – and generally increasingly – different. Despite receiving a yearly average of nearly 40,000 complaints alleging data protection infringement, the […]
‘Crossroads: Privacy Law and Copyright Law in the Age of Artificial Intelligence’
Alicia Solow-Niederman, ‘AI and Doctrinal Collapse’, 78 Stanford Law Review (forthcoming 2026), available at SSRN (8 August 2025). Government actors across the globe have responded to the rapid uptake of artificial intelligence by adopting or proposing various forms of legislation. For instance, on September 29, 2025, California adopted the Transparency in Frontier Artificial Intelligence Act, […]
Reyes and Parella, ‘Data Supply Chains’
ABSTRACT Data is a critical resource. Like oil, gold, or lithium, both companies and countries covet data. Ultimately, like oil, data’s flow can enrich those that possess it, signifying it as the next grand prize in great power competition on the world stage. Despite its importance, law lacks a unifying framework for understanding how data […]
Eran Kahana, ‘The Privacy Veil’
ABSTRACT Privacy law rests on a failed premise. The notice-and-consent paradigm assumes users will read privacy policies, understand them, and make informed choices. They cannot. Reading the policies an average American encounters would require thirty working days per year. Nearly half of American adults lack the literacy to comprehend them. Even informed users cannot negotiate […]
Becker and Dove, ‘The EU GDPR and secondary use of health and genetic data for research support purposes’
ABSTRACT Under European Union law, the processing of health and genetic data, which are special categories of personal data under the General Data Protection Regulation (GDPR), is prohibited under Article 9(1) GDPR unless at least one of the 10 exemptions under Article 9(2) is fulfilled. A common interpretation among legal commentators and policymakers is that […]