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

Tech Titans Play Monopoly

Last week, a federal judge dismissed the Federal Trade Commission’s monopoly lawsuit against Facebook, concluding that the agency hadn’t made a sufficiently clear case that the social media giant controlled the market in a monopolistic way. At the same time, Amazon has demanded that FTC Chair Lina Khan recuse herself from any antitrust investigation into… Read More

We’re Missing the Point in the Trump-Facebook Ban Story

If there’s one thing that social media loves, it’s talking about social media. It’s no surprise, then, that this week’s internal review at Facebook about whether Donald Trump’s account should be reinstated has chewed up hashtags and trends around the world. If you recall, social networks like Twitter and Facebook banned The Donald in the… 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

What the First Amendment Actually Means Online

Having a debate about the First Amendment in law school was never something that interested me. For some reason, everyone else was always energized by the idea of debating the contours of permissible expression, or what constituted the prior restraint on the press, but I always preferred structure and process-driven questions about federalism, the Administartive… Read More

Why the Dancing Robots Are A Really, Really Big Problem.

Like most lawyers, I’m on Twitter a lot and, like most lawyers, I spend most of my time tweeting in an effort to seem funny.  (To say the responses are “mixed” would be to assume that I ever get responses).  But occasionally, something will crop up that demands a response more nuanced than 280 characters… 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

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

Like everyone, I’m exhausted by the confusion and controversy surrounding the election — this week has been a year. So, great news: today’s blog is going to be about a confusing, controversial law just passed in California by a wide margin! The law in question is the California Privacy Rights Act, also called Prop 24,… 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

Too Much Data, Not Enough Insight

It’s a strange phenomenon of modern business that we are absolutely awash in data but, frequently, it seems like the additional information doesn’t lead to insights or meaningful tools. For many enterprises — especially small businesses — market necessity makes it seem like a move to a comprehensive system with data-analytics is the only way… Read More

Presenting Data and Creating Value

To create the maximum value, urgency, and leverage in a data partnership, you must present the data available for sale or partnership in a clear and comprehensive way. Partnerships are based upon the concept that you are offering value for value, whether paid or traded. Friendship might need no reasons, but partnerships require some understanding… 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