Title
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Author
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Year
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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.
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Daniel J. Solove, Danielle Citron |
2021 |
Why Privacy Matters
Privacy is not dead. Privacy rules are increasingly critical to protecting individual autonomy and political freedom, and to consumer protection.
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Neil Richards |
2021 |
Privacy Injunctions
Nonconsensual distribution of intimate images seriously harms victims. New laws should be passed to protect rights to intimate privacy.
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Danielle Citron |
2021 |
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.
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Daniel Sokol, Chirantan Chatterjee |
2021 |
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.
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Sonia Katyal, Jessica Jung |
2021 |
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.
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Daniel Sokol, Feng Zhu |
2021 |
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.
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Lior Strahilevitz, Jamie Luguri |
2021 |
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.
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Chris Hoofnagle, Ira Rubinstein, James Dempsey, Katherine Strandburg |
2021 |
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.
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Ira Rubinstein, Peter Margulies |
2021 |
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.
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Erik Brynjolfsson, Sarah Bana, Sebastian Steffen, Wang Jin, Xiupeng Wang |
2021 |