Category Archives: Privacy

Schwartz & Solove: Reconciling Personal Information in the United States and European Union

Paul M. Schwartz of Berkeley and Daniel J. Solove of George Washington have written Reconciling Personal Information in the United States and European Union. Herer's the abstract: US and EU privacy law diverge greatly. At the foundational level, they diverge in their underlying philosophy: In the US, privacy law focuses on redressing consumer harm and […]

Times Article: If My Data Is an Open Book, Why Can’t I Read It?

by Jeff Sovern Last week, the Times ran an article about companies that sell consumer data to businesses but won't provide it to the consumers involved.  Despite the headline, reprinted above, I thought the article didn't really explain why companies won't provide the information to consumers.  So I wrote a letter with my explanation, which […]

Hoofnagle & Whittington Paper on Free Offers

The prolific Chris Jay Hoofnagle of Berkeley and Jan Whittington of the Department of Urban Design and Planning, University of Washington have written The Price of 'Free': Accounting for the Cost of the Internet's Most Popular Price, forthcoming in 61 UCLA Law Review (2014). Here's the abstract: Offers of “free” services abound on the internet. […]

Interesting Column by The Nation’s Rick Perlstein on Fine Print Contracts

Here.  And here's the beginning: Imagine you’ve clicked on your computer screen to accept a contract to purchase a good or service—a contract, you only realize later, that’s straight out of Kafka. The widget you’ve bought turns out to be a nightmare. You take to Yelp.com to complain about your experience—but lo, according to the […]

FTC Pursues Phone Text Spammers

The Times report is here.  An excerpt: The messages, which typically promise gift cards to national chain stores or other prizes, are sent to random phone numbers and usually direct recipients to a Web site where they are asked for personal information like Social Security numbers or credit card numbers, agency officials said.        Rarely, if […]

Porat & Strahilevitz Paper: Personalizing Default Rules and Disclosure with Big Data

Ariel Porat of Tel Aviv University and Chicago and Lior Strahilevitz of Chicago have written Personalizing Default Rules and Disclosure with Big Data.  Here's the abstract: This paper provides the first comprehensive account of personalized default rules and personalized disclosure in the law. Under a personalized approach to default rules, individuals are assigned default terms […]