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Big Data and Privacy Paper Collection
[…] tracking of genetic information, personal finance, and myriad other types of data. Even when monitoring is self -directed, however, these data can impact interpersonal relationships (for ex ample, by facilitating comparison and competition within one’s personal networks). 15 In many areas of life, then, individuals use data gathering and analysis tools to manage their […]

Wolf and Polonetsky An Updated Privacy Paradigm for the “Internet of Things” 11 19 2013
Wolf and Polonetsky An Updated Privacy Paradigm for the “Internet of Things” 11 19 2013

Commissioner Brill and the Broader Privacy Call to Arms
Wednesday, in a speech at the Polytechnic Institute of New York University, FTC Commissioner Julie Brill addressed an audience of engineers and computer scientists and solicited their skills to improve consumer privacy and enhance trust. Her specific concerns have tracked some of the biggest debates I have seen during my time at the Future of […]

Gagnier – Regulating the Man Behind the Curtain
Gagnier – Regulating the Man Behind the Curtain

FRAMEWORK – Dwork & Mulligan – It's Not Privacy It's Not Fair
FRAMEWORK – Dwork & Mulligan – It's Not Privacy It's Not Fair

Dwork Mulligan – It's Not Privacy It's Not Fair
Dwork Mulligan – It's Not Privacy It's Not Fair

Thierer_The Pursuit of Privacy in a World Where Information Control Is Failing
[…] Technologies, F EDERAL TRADE COMMISSION , (Oct. 22, 2012), http://www.ftc.gov/ opa/2012/10/facialrecognition.shtm. 217. See J IM HARPER , THE PRIVACY TORTS : HOW U.S. STATE LAW QUIETLY LEADS THE WAY IN PRIVACY PROTECTION (2002), http://www.privacilla.org/releases/ Torts_Report.html. 218. See Harper, supra note 22, at 3. (“Real property law and the law of trespass mean that people have legal backing when they retreat into their homes, close their doors, and pull their curtains to prevent others from seeing what goes on within.”). 219. See id. (“Contract law, for example, allows consumers to enter into enforce‐ able agreements that restrict the sharing of information involved in or derived from transactions. Thanks to contract, one person may buy foot powder from another and elicit as part of the deal an enforceable promise never to tell another soul about the purchase.”) (footnote omitted). 220. P ALFREY & GASSER , supra note 87, at 79 (“The law should make it clear what it means for an actor who collects personally identifiable information to be negli‐ gent in terms of computer security. Lawyers call this area of the law torts. Com‐ 452 Harvard Journal of Law & Public Policy The Pursuit of Privacy 453 tions.” 224 Class action lawsuit activity is remarkably intense fol‐ lowing major privacy violations or data breaches 225 and there is evidence that “ow federal courts define the damages people suffer from data breaches is broadening dramatically, leaving unprepared companies at greater risk of big payouts in class‐ action lawsuits.” 226 This disciplines firms that violate privacy and data security norms while sending a signal to other online operators about their data policies and procedures. […]

Thierer_A Framework for Benefit Cost Analysis in Digital Privacy Debates
[…] oft en necessary to evaluate other values or constitutional constraints implicated by gover n- ment action. In the case of privacy -related regulatory enactments, for e x- ample, free speech concerns might be raised by some regulatory pr o- posals. 221 Information technol ogy is, by definition, tied up with the production and dissemination […]