Publications

The FTC Zoom Case: Does the FTC Need a New Approach?

Author(s): 
Woodrow Hartzog
Publication Date: 
November 10, 2020
Publication Type: 
Other Writing

It was inevitable. On Monday, Zoom joined an exclusive club of tech companies – Facebook, LinkedIn, Twitter, Microsoft, Google, Uber, Snap, and more. This club involves companies that have been under a Federal Trade Commission (FTC) consent decree. In a weird sense, for tech companies, being enforced against by the FTC for a privacy or security violation has become an initiation ritual to being recognized in the pantheon of the tech company big leagues. Read more about The FTC Zoom Case: Does the FTC Need a New Approach?

Are We Already Living in a Tech Dystopia?

Author(s): 
Albert Gidari
Publication Date: 
August 26, 2020
Publication Type: 
Other Writing

People should no more believe in dystopia than utopia. The fact is that technology has changed the world for so many for so long for the better—from reduction of disease to extending life to increased food and health—that to dismiss those gains is just know-nothingism. As with all technological advances, not everyone shares equally in the gains or benefits in the same way, and some may even experience disproportionately negative impacts, but that does not diminish the overall societal value of the advancements. Read more about Are We Already Living in a Tech Dystopia?

Schrems II Offers an Opportunity—If the U.S. Wants to Take It

Author(s): 
Henry Farrell
Publication Date: 
July 28, 2020
Publication Type: 
Other Writing

The Schrems II judgment by the Court of Justice of the European Union (CJEU) will reshape the relationship between national security and global data flows. By invalidating the EU-U.S. Privacy Shield agreement, the decision ends a two-decade transatlantic compromise on data exchange. The court found that U.S. surveillance practices were disproportionate and violated the fundamental rights of European Union citizens, who had no effective legal recourse to challenge potential U.S. abuses. Read more about Schrems II Offers an Opportunity—If the U.S. Wants to Take It

Cyberattack Attribution and International Law

Author(s): 
Kristen E. Eichensehr
Publication Date: 
July 24, 2020
Publication Type: 
Other Writing

Earlier this week, the U.S. Department of Justice unsealed an indictment accusing two men linked to China’s Ministry of State Security of a decade-long campaign of hacking dissidents, human rights activists, and a variety of private sector targets, including most recently entities working on COVID-19 treatments, tests, and vaccines. Read more about Cyberattack Attribution and International Law

Cybersecurity Information Sharing Success Stories

Author(s): 
Brian Nussbaum
Publication Date: 
July 15, 2020
Publication Type: 
Other Writing

The theory behind cybersecurity information sharing is clear and uncontroversial, even if the details of what to share, how best to do it and who to share with may sometimes result in debate and disagreement. The theory goes that organizations are better off sharing information and improving situational awareness than trying to recognize and face cyber threats and challenges on their own. Some collective and coordinated efforts can help to identify, learn about and fend off threats and would-be attackers—as compared to acting individually with less information and situational awareness. Read more about Cybersecurity Information Sharing Success Stories

Covid-19 should spark a reexamination of trade secrets’ stranglehold on information

Author(s): 
David Levine
Publication Date: 
July 10, 2020
Publication Type: 
Other Writing

As the world struggles to confront the Covid-19 pandemic, how to handle access to trade secrets — information that is valuable because others do not know it — is one of the myriad challenges to achieving safe and effective vaccines, diagnostics, and treatments for the people of the world. Read more about Covid-19 should spark a reexamination of trade secrets’ stranglehold on information

Pages

Subscribe to Publications