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
Third-party data service providers, especially providers of cloud computing services, present unique and difficult privacy and data security challenges. While many companies that directly collect data from consumers are bound by the promises they make to individuals in their privacy policies, cloud service providers are usually not a part of this arrangement. It is not entirely clear what, if any, obligations cloud service providers have to protect the data of individuals with whom they have no contractual relationship. Read more » about The FTC and Privacy and Security Duties for the Cloud
Download the article from the Indiana Journal of Law.
The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions. Read more » about Reviving Implied Confidentiality
A well-intentioned grandmother accidentally hurt her grandkids’ feelings. She took screenshots of their delightful Instagram photos and proudly uploaded them to Facebook for all of her social network friends to see. If the younger generation didn’t set their accounts to private, could Grandma possibly have committed a faux pas? All she did was lovingly pass along publicly available information! Read more » about Why Grandma Shouldn't Have Posted Instagram Pics On Facebook
Written by Woodrow Hartzog and Evan Selinger.
Big data generates big myths. To help society set realistic expectations, the right kind of skepticism is needed. Read more » about What You Don't Say About Data Can Still Hurt You
"“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
"Those who object to the cameras don't do so solely on the grounds of an unproven safety record. Woodrow Hartzog, a law professor at the Cumberland School of Law at Samford University, has written extensively on robotics and the law. He told Ars that one of the reasons people don’t like red light cameras is because the system “makes the entire process less transparent.”" Read more » about Perfect enforcement: On the ground in the red light camera wars
""There is no one law in the United States that mandates that websites and phone applications have good data security," says law professor Woodrow Hartzog, who focuses on the area of privacy law and online communication." Read more » about Tug Of Authority Over Legal Gap In Online Privacy
It looks like Boston’s Finest is going to be watched by its own. As the result of new contract negotiations between the City of Boston and the Boston Police Department, police cruisers will potentially be outfitted with GPS devices designed to monitor how cop cars move around the city. The contract includes some additional changes and still needs to be approved by the Boston City Council. Read more » about Boston policemen complain about new plan to watch their movements
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
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