Charlotte Tschider of Loyola of Chicago has written Meaningful Choice: A History of Consent and Alternatives to the Consent Myth, 22 N.C. J.L. & Tech. 617 (2021). Here is the abstract: Although the first legal conceptions of commercial privacy were identified in Samuel Warren and Louis Brandeis’s foundational 1890 article, The Right to Privacy, conceptually, […]
Category Archives: Privacy
by Jeff Sovern Bloomberg Law has the story here (possibly behind pay wall). The first was California, and the second was Virginia. Others are likely to follow. The more states that enact privacy laws, the more businesses are likely to complain that they are encountering compliance difficulties and expense complying with the different laws. They […]
Here, in Facebook v. Duguid. In other words, if all the device does is call numbers that you specificaly tell it to call, it's not an ATDS within the meaning of the Telephone Consumer Protection Act.
by Jeff Sovern The coronavirus is already having an impact on consumers and consumer protection. Some initial observations: The FTC and FDA have sent warning letters to companies reportedly making deceptive or unsupported claims about their products' ability to treat the coronanvirus. It's good that they're on the job. There have been reports of discrimination against Asians […]
Daniel J. Solove of George Washington has written The Myth of the Privacy Paradox. Here is the abstract: In this article, Professor Daniel Solove deconstructs and critiques the privacy paradox and the arguments made about it. The “privacy paradox” is the phenomenon where people say that they value privacy highly, yet in their behavior relinquish […]
by Jeff Sovern That's the title of my latest essay for The Conversation, about how preemption of state privacy laws could harm consumers. Here's an excerpt: [R]ather than circumventing state laws, a federal privacy law should work in partnership with them – just as federal laws regulating auto safety such as airbag requirements operate in […]
Joel R. Reidenberg of Fordham, together with four co-authors, has written Trustworthy Privacy Indicators: Grades, Labels, Certifications and Dashboards, 96 Washington University Law Review (2019). Here's the abstract: Despite numerous groups’ efforts to score, grade, label, and rate the privacy of websites, apps, and network-connected devices, these attempts at privacy indicators have, thus far, not been […]
Here, in The Hill.
Earlier this week, we posted a link to a John Oliver segment on robocalls. Eric J. Troutman fact checks Oliver here. Excerpt: Assertion 5: Robocall Volume Exploded After A Court Decision Overturned the FCC’s Rules Expanding the TCPA TCPAworld. com Accuracy Score: Liar liar pants on fire This was the worst part of the bit. Oliver […]