PUBLICATIONS

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BOOKS

Breached!: Why Data Security Law Fails and How to Improve It 

(Oxford University Press, under contract) (with Daniel J. Solove).


Privacy’s Blueprint: The Battle to Control the Design of New Technologies 

(Harvard University Press, 2018).

LAW REVIEW ARTICLES, ESSAYS, AND BOOK REVIEWS

The Pathologies of Consent for Data Practices

96 Washington University Law Review (forthcoming 2018) (symposium with Neil Richards).

The Public Information Fallacy

98 Boston University Law Review (forthcoming 2018).

     · Winner of the Future of Privacy Forum’s Privacy Papers for Policy Makers award


Body Cameras and the Path to Redeem Privacy Law

96 North Carolina Law Review 1257 (2018) (symposium).


The Inadequate, Invaluable Fair Information Practices

76 Maryland Law Review 952 (2017) (symposium).


Privacy’s Trust Gap

126 Yale Law Journal 1180 (2017) (book review with Neil Richards).


Trusting Big Data Research

65 DePaul Law Review 579 (2017) (symposium) (with Neil Richards).


Taking Trust Seriously in Privacy Law

19 Stanford Technology Law Review 431 (2016) (with Neil Richards).

     · Winner of the Future of Privacy Forum’s Privacy Papers for Policy Makers award


Anonymization and Risk

90 Washington Law Review 703 (2016) (with Ira Rubinstein).

     · Winner of the Future of Privacy Forum’s Privacy Papers for Policy Makers award


The Internet of Heirlooms and Disposable Things

17 North Carolina Journal of Law and Technology 581 (2016) (symposium with Evan Selinger).


Inefficiently Automated Law Enforcement

2015 Michigan State Law Review 1763 (2016) (with Gregory Conti, Lisa Shay and Jon Nelson).


Unfair and Deceptive Robots

74 Maryland Law Review 785 (2015).


The Scope and Potential of FTC Data Protection

83 George Washington Law Review 2230 (2015) (symposium) (with Daniel J. Solove).

     · Winner of the Future of Privacy Forum’s Privacy Papers for Policy Makers award


Surveillance as Loss of Obscurity

72 Washington and Lee Law Review 1343 (2015) (symposium with Evan Selinger).


The FTC and the New Common Law of Privacy

114 Columbia Law Review 583 (2014) (with Daniel J. Solove).

     · Winner of the International Association of Privacy Professionals Scholarship award

     · Winner the Future of Privacy Forum’s Privacy Papers for Policy Makers award


Reviving Implied Confidentiality

89 Indiana Law Journal 763 (2014).


The Value of Modest Privacy Protections in a Hyper Social World

12 Colorado Technology Law Journal 332 (2014) (symposium).


Social Data

74 Ohio State Law Journal 995 (2013) (symposium).


Obscurity by Design

88 Washington Law Review 385 (2013) (symposium with Fred Stutzman).

     · Winner of the Future of Privacy Forum’s Privacy Papers for Policy Makers award


The Fight to Frame Privacy

111 Michigan Law Review 1021 (2013) (book review).


The Case for Online Obscurity

101 California Law Review 1 (2013) (with Fred Stutzman).

     · Winner of the International Association of Privacy Professionals – Future of Privacy Forum Privacy Papers for Policy Makers award

     · Excerpted in Daniel J. Solove & Paul M. Schwartz, Information Privacy Law (Wolters Kluwer: 5th ed. 2014) 


Big Data in Small Hands

66 Stanford Law Review Online 81 (2013) (with Evan Selinger).


Chain-Link Confidentiality

46 Georgia Law Review 657 (2012) (symposium).


Website Design as Contract 

60 American University Law Review 1635 (2011).

     · Excerpted in Daniel J. Solove & Paul M. Schwartz, Information Privacy Law (Wolters Kluwer: 4th ed. 2011, 5th ed. 2014) 


Promises and Privacy: Promissory Estoppel and Confidential Disclosure in Online Communities 

82 Temple Law Review 891 (2009).

     · Excerpted in Daniel J. Solove & Paul M. Schwartz, Information Privacy Law (Wolters Kluwer: 4th ed. 2011, 5th ed. 2014) 


Falling on Deaf Ears: Is the 'Fail Safe' Triennial Exemption Provision in the Digital Millennium Copyright Act Effective in Protecting Fair Use? 

12 Journal of Intellectual Property Law 309 (2005).


Gaining Momentum: A Review of Recent Developments Surrounding the Expansion of the Copyright Misuse Doctrine and Analysis of the Doctrine in its Current Form 

10 Michigan Telecommunications and Technology Law Review 373 (2004).


The Magic Lantern Revealed: A Report of the FBI’s New ‘Key Logging’ Trojan and Analysis of its Possible Treatment in a Dynamic Legal Landscape 

20 John Marshall Journal of Computer & Information Law 287 (2002).

BOOK CHAPTERS

Obscurity and Privacy

Spaces for the Future: A Companion to the Philosophy of Technology (Routledge: by Joseph Pitt & Ashley Shew, eds. 2017) (with Evan Selinger).


Do Robots Dream of Electric Laws? An Experiment in Law as Algorithm

Robot Law (Edward Elgar: Ryan Calo, Michael Froomkin, & Ian Kerr, eds. 2016) (with Lisa Shay, Greg Conti, Dominic Larkin, and John Nelson).


Confronting Automated Law Enforcement

Robot Law (Edward Elgar: Ryan Calo, Michael Froomkin, & Ian Kerr, eds. 2016) (with Lisa Shay, Greg Conti, and John Nelson).


Privacy & Terms of Use

Social Media & the Law: A Guide for Professional Communicators (Routledge: Daxton Stewart, ed. 2012).

PEER-REVIEWED WORKS

An Education Model of Reasonable and Good-Faith Effort for Autonomous Systems

AAAI/ACM Conference on Artificial Intelligence, Ethics, and Society (AIES ’18). New Orleans, LA, February 2018 (with Cindy Grimm and Bill Smart) (publication in proceedings).


The Anonymization Debate Should Be About Risk, Not Perfection

60 Communications of the ACM (Viewpoint) 22 (2017) (with Ira Rubinstein).


Et Tu, Android? Regulating Dangerous and Dishonest Robots

5 Journal of Human Robot Interaction 70 (2016).


Facebook’s Emotional Contagion Study and the Ethical Problem of Co-opted Identity in Mediated Environments Where Users Lack Control

12 Research Ethics 35 (2016) (with Evan Selinger).


Beyond Sunglasses and Spray Paint: A Taxonomy of Surveillance Countermeasures

IEEE International Symposium on Technology and Society (ISTAS ’13). Toronto, Canada, June 2013 (with Lisa Shay and Greg Conti) (publication in proceedings).


Boundary Regulation in Social Media

ACM Conference on Computer Supported Cooperative Work (CSCW ’12). Seattle, WA, February 2012 (with Fred Stutzman) (publication in proceedings).


The New Price to Play: Are Passive Online Media Users Bound by Terms of Use? 

15 Communication Law and Policy 405 (2010).


The Privacy Box: A Software Proposal 

14(11) First Monday (2009). 

SHORTER WORKS

Facial Recognition Is the Perfect Tool for Oppression

Medium (2018) (with Evan Selinger).

Thanks to Amazon, the Government Will Soon Be Able to Track Your Face

The Guardian (2018) (with Peter Asaro, Kelly Gates, Lilly Irani, Evan Selinger and Lucy Suchman).
 

Amazon Needs to Stop Providing Facial Recognition Tech for the Government

Medium (2018) (with Evan Selinger).

User Agreements Are Betraying You

Medium (2018).


Click by Click, Drowning in Data, We Internet ‘Users’ are Being Used

The Boston Globe (2018).


Talking About Automation

48 Cumberland Law Review 1 (2018) (Introduction).


Privacy and the Dark Side of Control

Institute of Art and Ideas News (2017).


Five Unexpected Lessons from the Ashley Madison Breach

Ars Technica (2016) (with Danielle Citron).


The Feds Are Wrong to Warn of “Warrant-Proof” Phones

MIT Technology Review (2016).


There Is No Such Thing as “Public” Data

Slate (2016).


Apple v the FBI: Why the 1789 All Writs Act is the Wrong Tool

The Guardian (2016) (with Neil Richards).


The Ugliest Side of Facial Recognition Technology


The Christian Science Monitor (2015) (with Evan Selinger).


When Selfies Become Surveillance Beacons

Schirn Magazine (of the Schirn Kunsthalle Frankfurt) (2016) (with Evan Selinger).


The Ultimate Unifying Approach to Complying with All Laws and Regulations

19 Green Bag 2d 223 (2016) (with Daniel Solove).


Facebook's New Digital Assistant 'M' Will Need to Earn Your Trust

The Guardian (2015) (with Neil Richards).


It’s Time to Give Up on the Ideal of Perfect Privacy Online

Aeon Magazine (2015) (with Evan Selinger).


Increasing the Transaction Costs of Harassment

Boston University Law Review Annex (2015) (with Evan Selinger).


Don’t Kill the Password. Change the Password

Wired (2015) (with Daniel Solove).


Google's Action on Revenge Porn Opens the Door on Right to Be Forgotten in US

The Guardian (2015) (with Evan Selinger).


The Dangers of Trusting Robots

BBC (2015) (with Evan Selinger).


Twitter's Privacy Blunder

The Christian Science Monitor (2015) (with Evan Selinger).


Should the FTC Kill the Password? The Case for Better Authentication

Bloomberg BNA Privacy and Security Law Report, 14 PVLR 1353 (July 27, 2015) (with Daniel J. Solove).


It’s Time for an About-face on Facial Recognition

The Christian Science Monitor (2015) (with Evan Selinger).


Social Media Needs More Limitations, Not Choices

Wired (2015).


Why You Have the Right to Obscurity

The Christian Science Monitor (2015) (with Evan Selinger).


The Decision That Could Finally Kill the Revenge-Porn Business

The Atlantic (2015) (with Danielle Citron).


Keep Nude Photos Offline? Here’s a Better Idea

CNN (2014).


Don’t Listen to Snapchat’s Excuses. Security Is Its Job

Wired (2014).


Google Can’t Forget You, But It Should Make You Hard to Find

Wired (2014) (with Evan Selinger).


Deconstructing the Relationship Between Privacy and Security

IEEE Technology and Society Magazine (Summer 2014) (with Greg Conti and Lisa Shay).


How to Stop Facebook From Making Us Pawns in Its Corporate Agenda

Wired (2014) (with Evan Selinger).


The FTC as Data Security Regulator: FTC v. Wyndham and its Implications

Bloomberg BNA Privacy and Security Law Report, 13 PVLR 621 (April 14, 2014) (with Daniel J. Solove).


The FTC and Privacy and Security Duties for the Cloud

Bloomberg BNA Privacy and Security Law Report, 13 PVLR 577 (April 7, 2014) (with Daniel J. Solove).


I See You: The Databases That Facial-Recognition Technologies Need To Survive

The Atlantic (2014) (with Evan Selinger).


Less Kept, Soonest Mended

New Scientist (2013).


Why is Facebook Putting Teens at Risk?

Bloomberg (2013) (with Evan Selinger).


Fighting Facebook, a Campaign for a People’s Terms of Service

The Nation (2013) (with Ari Melber and Evan Selinger).


How to Fight Revenge Porn

The Atlantic (2013).


Quitters Never Win: The Costs of Leaving Social Media

The Atlantic (2013) (with Evan Selinger).


Obscurity: A Better Way to Think About Your Data Than 'Privacy'

The Atlantic (2013) (with Evan Selinger).


Privacy, in Oxford Encyclopedia of American Political and Legal History

(Paul Boyer, ed. 2012).


About That Fine Print: What Are the Promises to be Kept?

Carolina Communicator, Summer (2010).