All Article Summaries
These article summaries are written by TAP staff members. TAP’s purpose for this section of the site is to present information, points of view, research, and debates.
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.
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.
The Myth of the Privacy Paradox
People report that they value privacy highly, but are willing to trade personal data for goods and services. This “privacy paradox” is sometimes used as an argument against privacy regulation. However, regulation should be based on the social value of privacy, not individual valuations.
Risk and Anxiety: A Theory of Data-Breach Harms
Data breaches increase the risk that consumers will be victims of fraud. But courts are reluctant to recognize that this increased risk is a sufficient harm to justify a lawsuit. Recognizing such harms might lead to more bankruptcies, but would deter data breaches.
The FTC and the New Common Law of Privacy
Since the 1990s, the Federal Trade Commission (FTC) has negotiated settlement agreements addressing privacy with many companies. Although the FTC’s authority is limited, the agency has developed detailed rules about privacy and data security.
Nothing to Hide, The False Tradeoff between Privacy and Security
This book analyzes the competing interests of privacy and security in the context of developing technology.
PII Problem, The: Privacy and a New Concept of Personally Identifiable Information
Article discusses the ways that U.S. Internet privacy law should be reformed to better protect all parties involved.
Privacy, Information, and Technology
This book describes law and cases relating to privacy.
Data Mining and the Security-Liberty Debate
This article discusses the ineffectiveness of comparing security against liberty in the context of data mining.
The Future of Reputation: Gossip, Rumor, and Privacy on the Internet
This book looks at how the spread of information on the Internet affects privacy and reputation.