Woodrow Hartzog is an Assistant Professor at the Cumberland School of Law at Samford University. His research focuses on privacy, human-computer interaction, online communication, and electronic agreements. He holds a Ph.D. in mass communication from the University of North Carolina at Chapel Hill, an LL.M. in intellectual property from the George Washington University Law School, and a J.D. from Samford University. He previously worked as an attorney in private practice and as a trademark attorney for the United States Patent and Trademark Office. He also served as a clerk for the Electronic Privacy Information Center.
I have just uploaded a new essay about online privacy to SSRN that will appear in Volume 46 of the Georgia Law Review. The essay, titled "Chain-Link Confidentiality," asserts that personal information that is shared online can be better protected if we require our confidants to make sure that their confidants are watching out for us. This strategy could help us retain control over our personal information as it moves downstream. Your comments are warmly welcome. Read more » about Chain-Link Confidentiality
Last week, the Supreme Court issued its opinion in United States v. Jones, in which the Justices held that the government's installation of a GPS device on a target's vehicle, and its use of that device to monitor the vehicle's movements, constituted a Fourth Amendment search. The decision was surprisingly unanimous on this point, though concurring opinions by Justices Sotomayor and Alito potentially amplify the significance of the opinion by proposing alternate approaches to the larger problem of ubiquitous surveillance technologies and privacy in public. Given the majority opinion's narrow focus on the attachment of the device to the car, the larger issue of privacy in public remains unsettled.
Others have done an exemplary job of commenting on the decision. The dominant themes arising from the decision and analysis of the decision seem to be the (re?)injection of the concept of trespass into Fourth Amendment doctrine, signs of potential withering of the third party doctrine, and recognition that Fourth Amendment and privacy doctrine will soon enough be useless if they do not adequately protect against ever-evolving surveillance methods and technologies.
I'd like to focus on an aspect of the decision that has not shown up much in the analysis of the case, likely because it was never explicitly mentioned in the text. Although the word obscurity does not appear anywhere in United States v. Jones, I think the decision, particularly Justice Sotomayor's concurring opinion, supports the idea that the obscurity of our personal information is worth protecting. Read more » about Three Cheers for Obscurity, an Unspoken Beneficiary of United States v. Jones
"Cumberland School of Law Professor Woodrow Hartzog sees cases such as these and others dealing with online privacy and communication.
Via email, Hartzog says “Memes like this, while mean-spirited and hurtful, are often at best legally in the grey area. Legal recourse for these kinds of action is notoriously elusive.”" Read more » about Social media safety when posting pictures
"Another way to understand the constitutionality of revenge porn statutes is through the lens of confidentiality law. Woodrow Hartzog persuasively contends that revenge porn is a “legally actionable breach of confidence.”" Read more » about Debunking the First Amendment Myths Surrounding Revenge Porn Laws
"“This is the first case I’ve seen precisely along these lines,” said Woodrow Hartzog, a professor of law at the Cumberland School of Law at Sanford University in Alabama.
“So one thing that’s interesting to me is that there’s this challenge to this image, it strikes me that there is nothing truly exceptional about a video camera as a surveillance system. But that’s not the only thing that a red light camera does. There’s an algorithm that monitors when a car has violated the law.”" Read more » about With California’s red light cameras, are pictures admissible evidence?
""Once a technology is adopted by the masses, it becomes much harder to regulate," Hartzog explained. As an example, he cited online tracking software like site cookies, which remains largely ungoverned. By the time groups that wanted a sharper definition of privacy got organized, the technology had already spawned thriving industries with powerful corporate support." Read more » about A Boy and His Drone
2013 PRIVACY PAPERS FOR POLICY MAKERS
The Future of Privacy Forum
Co-chairs Jules Polonetsky and Christopher Wolf
in conjunction with Congresswoman Sheila Jackson Lee invite you to
“Privacy Papers for Policy Makers”
A discussion of leading privacy research Read more » about Privacy Papers for Policy Makers
CIS Affiliate Scholars Peter Asaro, Ryan Calo and Woodrow Hartzog are listed as participants for We Robot 2014. Robotics is becoming a transformative technology. We Robot 2014 builds on existing scholarship exploring the role of robotics to examine how the increasing sophistication of robots and their widespread deployment everywhere from the home, to hospitals, to public spaces, and even to the battlefield disrupts existing legal regimes or requires rethinking of various policy issues. If you are on the front lines of robot theory, design, or development, we hope to see you. Read more » about We Robot 2014
For more information and to register please visit: http://www.siliconflatirons.com/events.php?id=1381
What harms are privacy laws designed to prevent? How are people injured when corporations, governments, or other individuals collect, disclose, or use information about them in ways that defy expectations, prior agreements, formal rules, or settled norms? How has technology changed the nature of privacy harm? Read more » about The New Frontiers of Privacy Harm
DARC is a multidisciplinary conference about Unmanned Aerial Vehicles (UAVs) and drones—with an emphasis on civilian applications.
Attendees will take part in a far-ranging exploration of these technologies and see firsthand the latest advancements in aerial robotics. In addition to looking at the cultural impact, legal challenges, and business potential, we’ll also examine specific applications for drones including: agriculture, policing, wildlife conservation, weather, mapping, logistics, and more. Read more » about Drones & Aerial Robotics Conference
Solutions to many pressing economic and societal challenges lie in better understanding data. New tools for analyzing disparate information sets, called Big Data, have revolutionized our ability to find signals amongst the noise. Big Data techniques hold promise for breakthroughs ranging from better health care, a cleaner environment, safer cities, and more effective marketing. Yet, privacy advocates are concerned that the same advances will upend the power relationships between government, business and individuals, and lead to prosecutorial abuse, racial or other profiling, discrimination, redlining, overcriminalization, and other restricted freedoms. Read more » about Big Data and Privacy: Making Ends Meet
CIS Affiliate Scholar David Levine interviews Prof. Ryan Calo of University of Washington School of Law and Woodrow Hartzog of Cumberland School of Law on robotics law. Read more » about Prof. Ryan Calo and Woodrow Hartzog - Hearsay Culture Show #213 - KZSU-FM
Listen to the full radio show (in German) at Deutschlandradio.
"On the other hand: even algorithms can make mistakes. You will eventually written by humans. And just legal texts can be difficult in a formalized language to translate. They are, says Woodraw Hartzog, just not made for it to be automated. And they are not made to be enforced to one hundred percent." Read more » about Robo cops can not turn a blind eye
CIS Affiliate Scholar David Levine interviews Prof. Woodrow Hartzog of Cumberland School of Law, Samford University and Fred Stutzman of UNC on privacy in social media. Read more » about Prof. Woodrow Hartzog and Fred Stutzman - Hearsay Culture - Show #170 - KZSU-FM