The Biggest Crisis

We hear the word “crisis” a lot these days. A phenomenon of our age is that issues are transformed into crises, and many crises are transformed into existential threats. Think about the way we looked at online harms and screen time for children. Just a year or two ago, the rage was the claim that… Read More

Why Privacy is Like Bubble Wrap

Today is Data Privacy Day, a great time to remember that we live our lives increasingly in visible, recorded ways, and that privacy is something that belongs to all of us and to each of us. Also, it’s a day when privacy professionals post jargon-filled memes that no one understands. “Did you hear the one… Read More

California’s New (New) Privacy Law: Part 2

Last time, we talked about the passage of the California Privacy Rights Act (CPRA), a ballot referendum that expands and enhances the scope and consequences of CCPA. Today, we’ll look a little deeper into why CPRA is such a big deal, and also why it may simultaneously be the cause of its own undoing. When… Read More

Two to Tango: Mutually Beneficial Data Partnerships

The mutually beneficial data partnership may sound like a unicorn, but it is actually quite common. Market forces drive these partnerships for one of three reasons: shared clients, operational teams, and marketing. This contrasts with innovator partnerships, which are driven by sales opportunities, product innovation and channel distribution. Mutually beneficial partnerships tend to between partners… Read More

Data Strategy on a Tight Budget

Regular readers of our blog will be familiar with our frequent suggestion that you should deploy data review teams and use subject matter experts to come up with clever solutions to data-based problems. “That’s all well and good,” you might say, “for companies that have dedicated staff for working only on data problems or massive… Read More

Anonymous Schanonymous

Everybody loves a fad. You can pinpoint someone’s generation better than carbon dating by asking them what their favorite toys and gadgets were as a kid. Tamagotchi and pogs? You were born around 1988, weren’t you? Coleco Electronic Quarterback and Garanimals? Well well, an early X-er. A fad is cultural currency and social lubricant at… Read More

Sensors, Monitors, and Bill & Ted

Any decent account of the last 30 years will certainly conclude that the high point of culture was 1990’s Bill and Ted’s Excellent Adventure.  History, philosophy, George Carlin, mylar tracksuits (it was the 90s) — it had everything you need.  And, with its long-awaited second sequel coming out this week, I’m sure that if William… Read More

Privacy Shield Is Gone. Now What?

For those of us who pay attention to and care about these kinds of things, the Court of Justice of the European Union has issued a ruling today stating that the FTC’s Privacy Shield framework governing the transfer of personal data from Europe to the United States is no longer valid. This ruling is very… Read More

A Quarantine Lesson – One Month In

I think we can all agree that March 2020 lasted approximately 11 years and that April lasted about 11 minutes.  Seriously, what happened to April?  Why did time seem to absolutely whiz by while just a few weeks earlier it felt like we were waking up on March 78th?  Perhaps it has something to do… Read More

Zoom Bombs

Zoom, the videoconferencing platform on everyone’s lips this month, has had an roller coaster of a first quarter.  As remote working became the norm for hundreds of millions, the company rapidly emerged as a favorite in the United States, where its simplicity and video quality made it stand out from competitors.  Its daily usage swelled… Read More

Two Examples of Valuable Data Partnerships

We’ve spent a lot of time talking about data partnerships because we believe in their potential as vehicles for growth, success, and innovation.  But sometimes it’s valuable to lay out particular versions of those partnerships to give you an idea of what data you can deploy and how it can be valuable.  Use this discussion… Read More

Privacy Essentials When Working from Home

As many people adjust to the reality of working from home, we find ourselves in a situation that we largely didn’t anticipate: seemingly everyone else doing the same thing.  In the past, a day or two here or there doing Zoom meetings or conference calls was interesting, anomalous, and largely ad hoc, so there wasn’t… Read More

What to Do In a Privacy (Health) Crisis

Privacy is not the top priority for most people or businesses dealing with a health crisis, and the spread of COVID-19 means that privacy will (rightly) take a backseat to handling individual and global health needs. Frankly, one of the biggest problems is managing the flow of disinformation/misinformation as it winds its way through social… Read More

Protecting Your Data, Protecting Your Business

One of the biggest concerns we have when we talk to clients about how to create data partnerships is the security and protection of data.  We don’t mean cybersecurity and the literal safeguarding of information, though that’s undoubtedly essential too.  Instead, we’re talking about ensuring that datasets are used only as appropriate, are kept within… Read More

What it Means to “Control” Data

There is an unconventional data partnership structure based around controlling the data that others have about you. Remember, most businesses gather datasets from their operations. However, each record of those datasets is usually referencing one particular entity, like a person or a business or a product. There is an entire partnership structure around the entities… Read More

How to Pitch Data Partners

Jerry Seinfeld used to do a bit where he noted that the number one fear most people have is speaking in public, followed in second place by the fear of death.  “That means that, if given a choice of what to do at a funeral, most people would rather be in the casket than giving… Read More

Analog Thinking in a Digital Age

Okay, There’s An App For That. Why? Ho boy.  The Iowa Caucuses were…they happened.  And they happened in a way that was both completely unprecedented and utterly, exhaustingly predictable.  It’s a story line that’s becoming, frankly, a little boring: people use old process, someone decides that an app (or AI) will be better, lots of… Read More

Groundhog Day(s)

Any philosophy nerd will tell you that they’ve loved having The Good Place on TV the last few years.  It’s rare we’re able to find a safe space to talk about the Trolley Problem, or consider the Question of Evil, or hear Kierkegaard’s name pronounced (mostly) properly.  It’s a great show, and one that consistently… Read More

Innovative Data Partnerships (Part II)

We’ve already spent some time discussing the kind of partnerships where a small, innovative firm wants to partner with a larger one to create new value and drive growth.  Many times, this is how the smaller business gets its foot in the door, and (together, perhaps, with a channel agreement) first is able to get… Read More

Online Trust, Facts, and the Best Evidence Rule

When you’re a lawyer and you write about truth, you’re basically asking to be insulted because….you know….you’re a lawyer.  It’s true, some of my fellow legal professionals have occasionally had a less than intimate connection with the truth, but, in general, even the best lawyers squint their eyes and look wary when someone talks about… Read More