Issues

Standing and Privacy Harms: A Critique of TransUnion v. Ramirez

The Supreme Court has ruled that consumers lack standing under the Fair Credit Reporting Act (FCRA) until their credit reports were sent to third-party businesses. The Court’s test for standing is unsatisfactory.

Why Privacy Matters

Privacy is not dead. Privacy rules are increasingly critical to protecting individual autonomy and political freedom, and to consumer protection.

Privacy Injunctions

Nonconsensual distribution of intimate images seriously harms victims. New laws should be passed to protect rights to intimate privacy.

Data Security, Data Breaches, and Compliance

Data breaches affect the breached firm’s stock price. Fines for data breaches are low, and firms may underinvest in security. Litigation following a breach is less likely when firms offer free credit monitoring.

The Gender Panopticon: Artificial Intelligence, Gender, and Design Justice

Artificial Intelligence (AI) surveillance systems often use binary male/female gender classifications, failing to recognize the complexity of LGBTQ+ identity formation.

Harming Competition and Consumers under the Guise of Protecting Privacy: An Analysis of Apple’s iOS 14 Policy Updates

Apple’s iOS 14 update claims to protect privacy by requiring consumers to opt in to allow data sharing by third-party apps. But this unfairly advantages Apple’s own products.

Shining a Light on Dark Patterns

Some user interfaces include “dark patterns” that exploit cognitive bias to manipulate users. Two experiments show that subtle dark patterns are more dangerous, because consumers are less likely to reject them.

Breaking the Privacy Gridlock: A Broader Look at Remedies

Regulatory systems outside of privacy can serve as models for the enforcement of consumer privacy legislation. Regulatory oversight, self-regulation, and class action suits may be effective in enforcing privacy standards.

Risk and Rights in Transatlantic Data Transfers: EU Privacy Law, U.S. Surveillance, and the Search for Common Ground

Transatlantic data transfers are limited by decisions of European Union (EU) authorities ruling that surveillance conducted by the United States threatens privacy. Export control law provides a model to resolve the conflict.

Cybersecurity Hiring in Response to Data Breaches

Data on firm-level hiring shows that firms increase hiring of cybersecurity workers following data breaches, particularly when the press covers the breach.