There are two bills working their way through Congress that would force companies like Apple to allow competitive app stores. Apple hates this, since it would break its monopoly, and it’s making a variety of security arguments to bolster its argument. I have written a rebuttal: I would like to address some of the unfounded … Read More “Me on App Store Monopolies and Security” »
Category: laws
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Excellent Brookings paper: “Why data ownership is the wrong approach to protecting privacy.” From the introduction: Treating data like it is property fails to recognize either the value that varieties of personal information serve or the abiding interest that individuals have in their personal information even if they choose to “sell” it. Data is not … Read More “The Problem with Treating Data as a Commodity” »
Virginia is about to get a data privacy law, modeled on California’s law. Powered by WPeMatico
The California Consumer Privacy Act is a lesson in missed opportunities. It was passed in haste, to stop a ballot initiative that would have been even more restrictive: In September 2017, Alastair Mactaggart and Mary Ross proposed a statewide ballot initiative entitled the “California Consumer Privacy Act.” Ballot initiatives are a process under California law … Read More “Another California Data Privacy Law” »
Robert Chesney teaches cybersecurity at the University of Texas School of Law. He recently published a fantastic casebook, which is a good source for anyone studying this. Powered by WPeMatico
This law journal article discusses the role of class-action litigation to secure the Internet of Things. Basically, the article postulates that (1) market realities will produce insecure IoT devices, and (2) political failures will leave that industry unregulated. Result: insecure IoT. It proposes proactive class action litigation against manufacturers of unsafe and unsecured IoT devices … Read More “Securing the Internet of Things through Class-Action Lawsuits” »
Communities across the United States are starting to ban facial recognition technologies. In May of last year, San Francisco banned facial recognition; the neighboring city of Oakland soon followed, as did Somerville and Brookline in Massachusetts (a statewide ban may follow). In December, San Diego suspended a facial recognition program in advance of a new … Read More “Modern Mass Surveillance: Identify, Correlate, Discriminate” »
Rebecca Wexler has an interesting op-ed about an inadvertent harm that privacy laws can cause: while law enforcement can often access third-party data to aid in prosecution, the accused don’t have the same level of access to aid in their defense: The proposed privacy laws would make this situation worse. Lawmakers may not have set … Read More “How Privacy Laws Hurt Defendants” »
Interesting essay arguing that we need better legislation to protect cybersecurity whistleblowers. Congress should act to protect cybersecurity whistleblowers because information security has never been so important, or so challenging. In the wake of a barrage of shocking revelations about data breaches and companies mishandling of customer data, a bipartisan consensus has emerged in support … Read More “The Importance of Protecting Cybersecurity Whistleblowers” »
The major tech companies, scared that states like California might impose actual privacy regulations, have now decided that they can better lobby the federal government for much weaker national legislation that will preempt any stricter state measures. I’m sure they’ll still do all they can to weaken the California law, but they know they’ll do … Read More “Major Tech Companies Finally Endorse Federal Privacy Regulation” »