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Showing 9 of 109 Publications in Data Security & Privacy
TL;DR After years of fragmented privacy law across the 50 states, a recently introduced bipartisan and bicameral bill proposes to create a federal privacy regime.
After years of fragmented privacy law across the 50 states, a recently introduced bipartisan and bicameral bill proposes to create a federal privacy regime. Sponsors of the American Data Privacy and Protection Act (ADPPA) say it will set a national baseline for privacy protections and user remedies, while allowing firms to continue to innovate.
The bill’s breadth and onerous requirements could have unintended negative consequences for consumers. Worse, the measure would only partially preempt state law, arguably leaving the worst of both worlds.
Read the full explainer here.
TOTM Barry Schwartz’s seminal work “The Paradox of Choice” has received substantial attention since its publication nearly 20 years ago. In it, Schwartz argued that, faced . . .
Barry Schwartz’s seminal work “The Paradox of Choice” has received substantial attention since its publication nearly 20 years ago. In it, Schwartz argued that, faced with an ever-increasing plethora of products to choose from, consumers often feel overwhelmed and seek to limit the number of choices they must make.
Read the full piece here.
TOTM The Federal Trade Commission (FTC) is at it again, threatening new sorts of regulatory interventions in the legitimate welfare-enhancing activities of businesses—this time in the . . .
The Federal Trade Commission (FTC) is at it again, threatening new sorts of regulatory interventions in the legitimate welfare-enhancing activities of businesses—this time in the realm of data collection by firms.
Popular Media In their zeal to intervene, regulators have lost all sense of proportion and context. They are willing to sacrifice the immense economic and social benefits . . .
In their zeal to intervene, regulators have lost all sense of proportion and context. They are willing to sacrifice the immense economic and social benefits from technological exchange on the altar of privacy absolutism, potentially denying Europeans access to online services offered by US businesses. However, there is still hope that the courts and public officials will act responsibly and undo the impending damage.
Popular Media In their zeal to curb big tech through the Digital Markets Act, the European legislators are risking the privacy and security of all Europeans. It . . .
In their zeal to curb big tech through the Digital Markets Act, the European legislators are risking the privacy and security of all Europeans. It is time to accept the reality that the measures meant to force big platforms to be more open, will force them to lower their defences and to open the data of Europeans to bad actors. No amount of wishful thinking will change the fact that forced openness is in a tug of war with security. The DMA’s privacy and security provisions do not come close to taking the problem seriously and unreasonably expect the tech companies to solve a new class of risks that the DMA will create.
TOTM European Union (EU) legislators are now considering an Artificial Intelligence Act (AIA)—the original draft of which was published by the European Commission in April 2021—that aims to . . .
European Union (EU) legislators are now considering an Artificial Intelligence Act (AIA)—the original draft of which was published by the European Commission in April 2021—that aims to ensure AI systems are safe in a number of uses designated as “high risk.” One of the big problems with the AIA is that, as originally drafted, it is not at all limited to AI, but would be sweeping legislation covering virtually all software. The EU governments seem to have realized this and are trying to fix the proposal. However, some pressure groups are pushing in the opposite direction.
TOTM There has been a wave of legislative proposals on both sides of the Atlantic that purport to improve consumer choice and the competitiveness of digital . . .
There has been a wave of legislative proposals on both sides of the Atlantic that purport to improve consumer choice and the competitiveness of digital markets. In a new working paper published by the Stanford-Vienna Transatlantic Technology Law Forum, I analyzed five such bills: the EU Digital Services Act, the EU Digital Markets Act, and U.S. bills sponsored by Rep. David Cicilline (D-R.I.), Rep. Mary Gay Scanlon (D-Pa.), Sen. Amy Klobuchar (D-Minn.) and Sen. Richard Blumenthal (D-Conn.). I concluded that all those bills would have negative and unaddressed consequences in terms of information privacy and security.
TOTM Others already have noted that the Federal Trade Commission’s (FTC) recently released 6(b) report on the privacy practices of Internet service providers (ISPs) fails to comprehend that widespread adoption . . .
Others already have noted that the Federal Trade Commission’s (FTC) recently released 6(b) report on the privacy practices of Internet service providers (ISPs) fails to comprehend that widespread adoption of privacy-enabling technology—in particular, Hypertext Transfer Protocol Secure (HTTPS) and DNS over HTTPS (DoH), but also the use of virtual private networks (VPNs)—largely precludes ISPs from seeing what their customers do online.
Popular Media Some EU decision-makers have adopted a radical and unreasonable interpretation of EU data protection law that lacks a limiting principle. The ultimate result may be . . .
Some EU decision-makers have adopted a radical and unreasonable interpretation of EU data protection law that lacks a limiting principle. The ultimate result may be that EU customers lose access not only to cloud services offered by U.S. providers but also to almost any software from the United States. One can only hope that the EU Court of Justice rejects this interpretation and adopts the more pragmatic view shared by the European Commission and many EU governments.
