A Follow-Up Q&A on LinkedIn v. hiQ

After our discussion of LinkedIn v. hiQ earlier this week, we received a lot of questions from clients and readers about the implications of the case.  We thought it might be easier to compile some of these questions and our responses to continue the conversation about this important case. Q. It seems unfair that hiQ… Read More

The Challenges of Ethical AI

There have been dozens of articles and news pieces about the need for “ethics in AI” or “ethical AI.”  This (apparently brand new) issue arises from a number of causes, including public concern over facial recognition, the use of automated decisionmaking, and the ongoing public fascination with the darker side of artificial intelligence (see: Black… Read More

The Contours of Facial Recognition

When you think about it, facial recognition is a deeply “human” action.  It’s the most common way for people to recognize one another, it’s one of the earliest stages of our developmental attachment to our parents, and it is, by far, the easiest way to evaluate someone’s credibility, intentions, and personality.  It explains why we… Read More

Getting Bad Advice

The Internet is a risky place for “expertise.”  Because it is both a platform and a megaphone, it creates its own multiplier effect for whatever you put into it.  If the arguments of the last few years have proven anything, it’s that even a poorly concocted lie spreads far faster than a well-explained truth, largely… Read More

How to Protect Your Data in a Data Partnership – from “Data Leverage”

We spend an enormous amount of time talking about the benefits of data partnerships but, of course, they aren’t without their risks.  No one enters into a business relationship assuming that everything will go exactly as planned (without serious problems later, anyway).  But how do you identify ways to protect your business, your data, and… Read More

What’s Five Billion Among (Facebook) Friends?

The Internet went into full “give me a Drudge Report siren” mode last week about Facebook’s announcement that it anticipates a fine of three to five billion dollars from the FTC in the coming months.  The fine, a result of Facebook’s violation of a 2011 consent decree with the Commission related to privacy practices, tracking,… Read More

The Undefended Principles of a Free Internet

For most of us who remember a time before widespread access to the Internet (it was mostly Donald Duck games on your Commodore), going online was a decidedly American-feeling affair.  One could be forgiven the thought, given that the largest internet service provider for years was….America Online.  And, largely, that tracked the history and development… Read More

The World’s Toughest Internet Law?

It seems that every time we turn around, there’s new data or Internet legislation on the table that the media describes along the lines of  “similar to the GDPR,” or “GDPR-like.”  It makes sense, of course, given that the GDPR is the most important legislation on privacy in several generations, though it can blur some… Read More

We’re Learning the Wrong Lessons

It’s easy to criticize companies like Facebook or Google for their conduct when it comes to data, largely because they are so frequently the subject of widely-publicized reports and news articles. The stories documenting tech giant misdeeds (ironically, often displayed in Facebook’s newsfeed) demonstrate a growing awareness of surveillance capitalism and surveillance states, as well… Read More

The Joke’s On You

There are times when it’s difficult to pick a topic to write about for this blog, because data privacy and data partnerships are such broad subjects that it’s like selecting from an unlimited menu of issues.  We could discuss GDPR or CCPA or a data breach or technological trends or creating a mutually beneficial data… Read More

The Seven Deadly (Data Privacy) Sins

One of the questions we hear most frequently is “what are we doing wrong?”  We almost always try to flip that question around into “what can we do better,” because we’re big believers in the notion that providing goals, rather than chastising, creates the right kind of mindset about data privacy and managing a data… Read More

FTC’s Privacy Report Card

It’s that time of year again – the FTC has released its report on enforcement activity in 2018, including its efforts at enforcing privacy promises.  It was, as you might expect, a busy year, with major proceedings instituted against a number of high-profile entities like Uber, Paypal, and Facebook.  Although the total amount in fines… Read More

Takeaways from the Cardlinx Forum 2019

Last week, we had the chance to attend Cardlinx’s forum in San Francisco, one of the four or so they host worldwide every year.  Cardlinx is an industry association for merchants, credit card issuers, and rewards/loyalty programs, with an eye towards establishing industry standards for “mobile payments, in-store offers, card-linking” and other technology tied to… Read More

Takeaways from LSA19

We attended the Local Search Association’s 2019 conference in Dana Point, California.  The LSA is an advocacy organization focused on helping local businesses establish visibility with customers and partner businesses, both through marketing and through maximizing data-driven tools.  It’s a group that we have a long relationship with, and the conference is a great opportunity… Read More

The Feds Are Coming (Or Not)

I think Facebook could probably characterize 2019 year-to-date as “less than fantastic.”  The ongoing fallout from Cambridge Analytica in the UK, massive consumer distrust, the internal strife between what appears to be Team Zuck versus Team Cheryl, and now the looming multibillion-dollar fine that FTC seems to be preparing. It’s enough to make you drink.… Read More

It’s 3am. Does the Dark Web Know Where You Are? (Yes.)

In a move likely driven by federal pressure and calls for an investigation, AT&T yesterday announced that it will no longer sell its customers’ location data to third parties, including data aggregators who, in turn, sell the information to others.  The public response has been to say “It’s about time” immediately after saying “Hold on,… Read More

Predictions, Lists, and Complete Wild Guesses

Now that it’s January and everyone is finally returning to the reality where things don’t always taste like peppermint or eggnog (or both, which is just….no), it’s a good time to think about how you’re going to approach 2019.  This time of year is rife with predictions and, more often, guesses about what privacy, tech,… Read More

We All Care About Data Security, Except When We Don’t

It should be clear by now that we are most comfortable expressing our thoughts in the form of movie quotes, falling as we do into that demographic of Americans who believe that if you can’t say it with a gif from an 80s movie, you don’t need to say it at all. Really, it works… Read More

Data Privacy Legislation and the “Brunhilde Effect”

One day before the midterm elections, and we’re fully into the silly season of data-related legislation in the United States, with prospective members of Congress setting forth their approach to managing privacy and security with a variety of proposals that are….let’s call them “interesting.”  I say “interesting” because it’s intriguing to see that candidates treat… Read More

There Definitely Won’t be a Federal Data Privacy Law. (Maybe. We’ll See.)

“There’s no way the federal government is going to create a federal privacy law.”  “It’s just not going to happen.”  “Not a chance, no way, forget it.”  “There isn’t a political will in Washington to get it done, and so we can all just assume that it’ll all be only the states issuing regulations for… Read More