Category Archives: Privacy

Ninth Circuit affirms cy pres-only settlement in In re Google Referrer Header Privacy Litigation

Before jumping into my first post, I wanted to quickly introduce myself. I'm Mike Landis, Litigation Director for U.S. PIRG. (Obligatory disclaimer: my posts express my individual views only and not those of U.S. PIRG.) I've been a reader of this blog for sometime, and I'm excited to now participate as a contributor. My goal […]

CFP: Northeast Privacy Scholars Workshop

We received the following call for papers: The Innovation Center for Law and Technologyat New York Law School and The Center on Law and Information Policyat Fordham University School of Law are pleased to issue this Call for Papers for the inaugural Northeast Privacy Scholars Workshop, which will take place at New York Law School on October […]

Hoofnagle on FTC Regulation of Cybersecurity and Surveillance

Chris Jay Hoofnagle of Berkeley has written FTC Regulation of Cybersecurity and Surveillance, in The Cambridge Handbook of Surveillance Law (David Gray and Stephen Henderson, eds)(Cambridge University Press 2017). Here's the abstract: The Federal Trade Commission (FTC) is the United States’ chief consumer protection agency. Through its mandate to prevent unfair and deceptive trade practices, […]

Paper on the Right to Be Forgotten in the US

Patrick O'Callaghan of University College Cork has written The Chance 'to Melt into the Shadows of Obscurity': Developing a Right to Be Forgotten in the United States, A. Cudd & M. Navin (eds) Privacy: Core Concepts and Contemporary Issues (New York: Springer, 2018) (Forthcoming). Here is the abstract: This chapter argues that there is some […]

Klass Paper Critiques Restatement of Consumer Contracts Treatment of Privacy Policies

Gregory Klass of Georgetown critiques the draft Restatement of Consumer Contracts treatment of privacy policies in The Quantitative Study of Privacy-Policy Decisions in the Draft Restatement of Consumer Contracts.  Here is the abstract: The draft Restatement of the Law of Consumer Contracts includes six quantitative studies of judicial decisions, each used to support a rule […]

Second Circuit: Under TCPA, Consumer Can’t Revoke Consent That is Term in Prior Contract

The case is Reyes v. Lincoln Autmotive Financial Service, and it conflicts with decisions of the Third and Eleventh Circuits.  The TCPA has come in for increasing attention lately, with a recent hearing in Congress discussing possible amendments to the statute.  (HT: Gregory Gauthier) 

Times: No, Your Phone Didn’t Ring. So Why Voice Mail From a Telemarketer?

Here. Excerpt: [C]alls are quietly deposited through a back door, directly into a voice mail box — to the surprise and (presumably) irritation of the recipient, who cannot do anything to block them. Regulators are considering whether to ban these messages. They have been hearing from ringless voice mail providers and pro-business groups, which argue […]

MIT Technology Review: Google Now Tracks Your Credit Card Purchases and Connects Them to Its Online Profile of You

Here.  This is for offline credit card purchases. Surveillance capitalism indeed. Excerpt: Google’s new ability to match people’s offline credit card purchases to their online lives is a stunning display of surveillance capitalism in action.   The capability, which Google unveiled this week, allows the company to connect the dots between the ads that it […]

Marotta-Wurgler Study on Explanations for Privacy Policy Content

Florencia Marotta-Wurgler of NYU has written Self-Regulation and Competition in Privacy Policies, 45 Journal of Legal Studies (2016). Here's the abstract I investigate alternative explanations for the content of privacy policies. Under one model of self-regulation, firms signal their privacy protections to consumers by highlighting compliance with third-party guidelines. However, in a sample of 249 […]