Category Archives: Defamation and Privacy
Natalie Banta Lynner, ‘The Price Of Privacy At Death’
ABSTRACT In the United States, privacy at death is not a right; privacy at death is a privilege purchased through the use of a trust. The legal system grants privacy at death but only to those who can afford it. The vast majority of Americans, those who devise their assets through wills or die intestate, […]
Soyoung Chang, ‘Global Takedown Orders in the GDPR Era: New Internet Governance on Transnational Cooperation’
ABSTRACT Courts in multiple jurisdictions increasingly issue ‘global’ takedown and de-indexing orders against online intermediaries. While these remedies can prevent harm and evasion, they raise hard problems of international jurisdiction, conflicts of law, freedom of expression, and crossborder enforceability. This paper comparatively analyzes leading cases, including CJEU’s Glawischnig (global removal of identical and ‘equivalent’ content) […]
Daniel Solove, ‘Notable Privacy Books: A Journey Through History’
ABSTRACT In this essay, I discuss notable privacy books from the 1960s to 2020s – seven decades and more than 500 books. This revised edition of the essay adds another 100 books to the previous version. I briefly explain why each book is noteworthy. Examining the books chronologically also opens a window into history, as […]
Kelly Cahill Timmons, ‘Dominion Voting Systems v Fox News Network: Defamation Actions as a Tool for the Rule of Law in Turbulent Times’
ABSTRACT When we think about areas of law that are most essential to advancing the Rule of Law in turbulent times, constitutional law and its limits on the power of government might be the first thing that comes to mind. Injury or tort law is probably not at the top of the list. Yet the […]
Donal Nolan, ‘Private Nuisance after Fearn v Tate Gallery’
ABSTRACT In this paper, I consider the likely significance of the decision of the United Kingdom Supreme Court in Fearn v Board of Trustees of the Tate Gallery for the future development of the English law of private nuisance. There is much to be welcomed in Fearn, not least the Supreme Court’s resolute adherence to […]
Nila Bala, ‘Children and the Cars that Watch them’
ABSTRACT Parents are turning to autonomous vehicles (AVs) to shuttle their children around, seeing them as a safe and convenient option. AVs promise increased mobility for children, but bring with them unparalleled surveillance risks. As parents embrace in-cabin monitoring and location tracking to enhance safety, they also – often unknowingly – authorize the mass collection, […]
Sharma and Gordon, ‘Bailing Out Biometrics’
ABSTRACT In 2023, hackers breached 23andMe and extracted the biometric and genealogical data of nearly seven million people. By 2025, that data – originally offered up in the spirit of medical discovery and consumer empowerment – was being auctioned off in bankruptcy court as a corporate asset. The breach exposed more than technical lapses or […]
‘Can trade mark law help protect one’s privacy (and stop the spread of embarrassing WhatsApp audio messages)?’
The use – and abuse – of IP rights to achieve objectives other than protecting what those rights were originally meant to do is not new. In all of this, however, the interplay between IP and privacy protection is arguably an emerging and still underexplored area. A story that brings together one of the most […]
‘When mere defamation Isn’t enough: “serious reputational harm” in Hegab’
In Hegab v The Spectator (1828) Ltd & Anor [2025] EWHC 2043 (KB), Mr Hegab sought damages in libel and under the Data Protection Act 2018 in respect of an article written by the second defendant, Mr Murray, and published in The Spectator. The article said that Mr Hegab was a street agitator who had […]
Arbel and Lopez, ‘Governing Generative AI Beyond the Grave’
ABSTRACT Post-mortem generative emulation (GenEm) has vaulted from science fiction to commercial reality. AI companies now reanimate deceased loved ones as ‘deadbots’, while studios digitally resurrect long-dead actors in first-run movies. Legislatures in entertainment hubs like Tennessee and California have responded with statutes protecting celebrity likenesses through measures such as the 2024 ELVIS Act, and […]