Orin Kerr writes: I recently posted a draft of a new article, Cross-Enforcement of the Fourth Amendment, forthcoming in the Harvard Law Review. Here’s the opening: Imagine you are a state police officer in a state that has decriminalized marijuana possession. You pull over a car for speeding, and you smell marijuana coming from inside…
Category: Misc
Article: Risk and Anxiety: A Theory of Data-Breach Harms
Abstract In lawsuits about data breaches, the issue of harm has confounded courts. Harm is central to whether plaintiffs have standing to sue in federal court and whether their legal claims are viable. Plaintiffs have argued that data breaches create a risk of future injury, such as identity theft, fraud, or damaged reputations, and that…
Is Artificial Intelligence the Ultimate Test for Privacy?
Eduardo Ustaran of Hogan Lovells writes: Nothing challenges the effectiveness of data protection law like technological innovation. You think you have cracked a technology neutral framework and then along comes the next evolutionary step in the chain to rock the boat. It happened with the cloud. It happened with social media, with mobile, with online…
One Week Until the International Privacy+Security Forum – Last Chance to Register
Just one week away! If you’re going to be there, let me know. I am looking forward to seeing you all. And yes, for the record, I am likely violating the hell out of the forum’s copyright on this post, and using their images, and linking, and oh my….. but hey, it’s ICE CREAM! …