Who’s Afraid of a Data Breach?

One curious effect of the commonness of data breaches is that we’ve become inured against shock.  It used to be that a sizeable data breach was big news, certainly if the data lost or accessed was of a sensitive nature.  Remember the Target data breach in 2013?  It dominated news cycles for weeks, largely because… Read More

Apple Plays the Long (Privacy) Gamers

You may have seen yesterday that Apple took another step in its recent efforts to become the public’s favorite privacy-protecting tech giant.  At WWDC, the company’s annual developer conference, CEO Tim Cook unveiled the new “Sign In with Apple” feature, a user authentication platform.  Like the secure sign-on (SSO) platforms designed by Google and Facebook,… Read More

Thinking About Data Partnership Contracts – From Data Leverage

We’ve know a number of clients or friends whose businesses are going through the initial phases of a data partnership lately.  These relationships are often mission-critical, because without the added benefits of the data partnership, sometimes entire business strategies fall apart.  At the same time, if you don’t take a thoughtful approach to establishing the… 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

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

Why You Need a Data Audit Team (Like Yesterday)

Creating a Culture of Data Privacy & Protection (An Excerpt) It fascinates us how few data audit teams we run into, regardless of company size or data asset library depth. Everyone is accustomed to financial audits; the very same principles can be put to work for your data strategy to monitor intrinsic and extrinsic data… Read More

The Dangers of a Biometric Future

Biometric data is information at its most sensitive.  Not only do health and physical characteristics carry with them the very concept of our personhood and humanity, they are also often immutable and, therefore, permanently identify us.  I can change my email address or my password, and I can even get a new legal name if… Read More

You Can’t Copy/Paste Privacy

Ask any young litigation associate in a large law firm what the most important skill they learned in their first few years practicing was, and the honest ones will say “Control-c, Control-v.”  Yes, Copy-and-Paste activities occupy an enormous portion of young associates’ time, for a number of reasons.  They’re risk averse, so they want to… Read More

Organic Data and Digital Borders

The longer you spend in data-oriented businesses, the more you notice a funny thing about the language used to describe data sets and their uses.  While, early on, the language sounds a lot like what you’d use to describe currency (“valuable,” “fungible,” “velocity,”), eventually it all starts to sound like you’re talking about food (“organic,”… 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

Curb Your (AI)nthusiasm

The Boston Dynamics “dogs” have become something of an inside joke around here: any time we want to suggest that an idea, project, or new technology might have worrisome long-term implications, the robotic canines come up in conversation.  Much of it has to do with their somewhat surreal, uncanny valley look, something familiar enough to… Read More

Hardcoding Trust: One Year of Sad Privacy Responses From Your Favorite AI

What Zork can teach us about Google, Amazon, and Apple’s Commitment to Data Privacy. Data Privacy gets a lot of lip service these days. We have Apple declaring that they bake privacy into every product, Google deciding to delete millions of Google+ accounts (there were millions?) because of a coding bug that potentially exposed private… Read More

Why You Need a Data Audit Team

Every so often, we like to include an excerpt from our book Data Leverage to give you an idea of what we recommend to clients. Today, we want to touch on a topic that gets far less attention than it deserves – the importance of a data audit team. When we suggest to people we… Read More

Weekly Data Privacy Roundup

We’re starting something new, a weekly collection of some of the stories that we saw or found interesting but, for some reason, didn’t have time to address meaningfully (by which we mean throw as many gifs at as possible).  This week is heavy on government action, which is a good indication of the trends we’re… 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

The Global View on Privacy

We don’t know if you’ve noticed this, but every once in a while we’ll write a blog post about GDPR or CCPA or American data law.  Yes, we do spend an awful lot of time talking about the law in Europe and the United States. That’s probably not a big surprise, given that this is… 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

As Transparent as Mud

Transparency is one of the principles driving recent developments in data privacy and data security.  We’ve spent a lot of time discussing how important it is to be open with consumers and data subjects, to give them a clear idea of how their data is used, and why.  The primary reason for this is to… Read More