Issues

Breached! Why Data Security Law Fails and How to Improve It

Data breaches are preventable, but data security law has failed to reduce data breaches. Policymakers should reform data security law to take a more holistic approach, reducing systemic risk.

Legislating Data Loyalty

A duty of loyalty focusing on the relationships between data collectors and data subjects would reinvigorate American privacy law. The law should include a general duty not to act against users’ interests.

Seeing Like an Algorithmic Error: What Are Algorithmic Mistakes, Why Do They Matter, How Might They Be Public Problems?

The errors made by machine learning-based systems such as remote proctoring tools can reveal deeper economic and policy issues, such as bias against students of color or low-income students.

Big Data, Little Chance of Success: Why Precedent Does Not Support Anti-Data Theories of Harm

Some worry that tech firms could use big data to harm consumers and competition. Forcing firms to share data would reduce incentives to innovate and compete. Concerns about privacy are better addressed by privacy law.

Dismantling the “Black Opticon”: Privacy, Race Equity, and Online Data-Protection Reform

Federal privacy law has failed to address privacy problems that disproportionately affect African Americans, such as oversurveillance, discrimination, and fraud. New state and federal privacy laws could better serve their interests.

Leveraging Value Creation to Drive the Growth of B2B Platforms

Some assume that Business-to-Business (B2B) platforms are similar to Business-to-Consumer (B2C) platforms. However, the needs of B2B consumers are more complex. B2B platforms create value differently than B2C platforms.

The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age

Intimate privacy concerns the extent to which others may access information about our health, sexuality, gender, and close relationships. The law does not adequately protect intimate privacy.

Panopticon Reborn: Social Credit as Regulation for the Algorithmic Age

Western scholars view China’s Social Credit System (SCS) as a repressive regime. However, liberal governments could adopt social credit systems to improve protection for rights and regulate data.

Toggles, Dollar Signs, and Triangles: How to (In)Effectively Convey Privacy Choices with Icons and Link Texts

Websites often use icons to guide consumers to privacy choices. Designing effective icons can be difficult. Sites could improve results by testing icons before use.

Chinese Technology Platforms Operating in the United States: Assessing the Threat

China's control over communications platforms such as TikTok raises important national security issues. The U.S. government could more systematically assess the threat of Chinese platforms and possible U.S. responses.