Publications

The Life, Death, and Revival of Implied Confidentiality

Author(s): 
Woodrow Hartzog
Publication Date: 
August 7, 2012
Publication Type: 
Academic Writing

The concept of implied confidentiality has deep legal roots, but it has been largely ignored by the law in online-related disputes. A closer look reveals that implied confidentiality has not been developed enough to be consistently applied in environments that often lack obvious physical or contextual cues of confidence, such as the Internet. This absence is significant because implied confidentiality could be one of the missing pieces that help users, courts, and lawmakers meaningfully address the vexing privacy problems inherent in the use of the social web.  Read more » about The Life, Death, and Revival of Implied Confidentiality

Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look Like

Author(s): 
Barbara van Schewick
Publication Date: 
June 11, 2012
Publication Type: 
White Paper / Report

Over the past ten years, the debate over "network neutrality" has remained one of the central debates in Internet policy. Governments all over the world, including the United States, the European Union, the United Kingdom, France and Germany, have been investigating whether legislative or regulatory action is needed to limit the ability of providers of Internet access services to interfere with the applications, content and services on their networks. Read more » about Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look Like

Chain-Link Confidentiality

Author(s): 
Woodrow Hartzog
Publication Date: 
April 24, 2012
Publication Type: 
Academic Writing

Disclosing personal information online often feels like losing control over one’s data forever; but this loss is not inevitable. This essay proposes a “chain-link confidentiality” approach to protecting online privacy. One of the most difficult challenges to guarding privacy in the digital age is the protection of information once it is exposed to other people. A chain-link confidentiality regime would contractually link the disclosure of personal information to obligations to protect that information as the information moves downstream. Read more » about Chain-Link Confidentiality

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