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Website Design as Contract
Few website users actually read or rely upon terms of use or privacy policies. Yet users regularly take advantage of and rely upon website design features like…
Notice by Design
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Against Notice Skepticsm In Privacy (And Elsewhere)
Requiring notice is an extraordinarily popular way to regulate. In online privacy, for instance, giving notice about their practices is among the only affirmat…
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The Problems with Requesting Access to Online Communities
In the past few weeks a few potential employers and schools were reported to have asked for access to the Facebook profile of an applicant or student. These re…
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Facebook's New Privacy Tools As User Notice
Facebook previewed a new notice strategy today. Part of the proposed change is a simpler privacy policy. Meh. I, like many, am a privacy policy skeptic. I'm…
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Privacy & Innovation: A Data Privacy Day Reflection
The intuition that privacy and innovation are somehow opposed is surprisingly common. It is true that overzealous or reactionary appeals to privacy can cut of…
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Do Not Track Is No Threat to Ad-Supported Businesses
"If you remove tracking, you remove advertisers." "Stop [data] sharing and you put a stop to the Internet as we know it." "Thousands of…
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The Problems Of Web Surveillance: Some Context For My Quote In The New York Times
UPDATE: The New York Times published most of the rest of my comments on Bits Blog. Thanks! I was quoted in a cover story in today's New York Times as sayi…
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Wikileaks As Security Breach
Affiliate scholar Marvin Ammori offers eight good reasons why the United States should not prosecute Wikileaks founder Julian Assange. I mostly agree with Ammo…
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Do Not Track isn't just about Behavioral Advertising
A frequent misconception of Do Not Track is that the goal is to prevent tracking by online advertisers. In fact, tracking is a much broader problem on the web,…
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Wikileaks: Lessons For Consumer Privacy
The website Wikileaks recently published hundreds of thousands of confidential State Department cables. These communications apparently reveal the details of c…
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Browser Snobbery As Objective Privacy Harm (UPDATE)
UPDATE: As told to Jules Polonetsky over at The Future of Privacy Forum, Capital One was engaging in "totally random" rate changes that were not relat…
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Clementi And The Nature Of Privacy Harm
Ann Bartow once criticized Daniel Solove for not providing enough “dead bodies” in his discussion of privacy. I tend to disagree that such proof is necessary.…