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Time for an Update

Technology isn’t stuck in the 90s.  Why is privacy? Open up any word processing system or many other apps, and you may notice the icon for “Save:” is a 3.5-inch floppy disk.  We use this icon dozens of times a week, typically without thinking about it, but it conceals a striking fact.  The most common… 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

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

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 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

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

A Post About Bread! (And Data too, I Guess)

We’re big fans of January around here, enjoying, as we do, the prospect of starting the new year off the right way and looking at things afresh. There’s something special about the focus that comes with new beginnings and the excitement of starting new projects after the whirlwind of the holiday season. The one thing… Read More

Predictions, Lists, and Complete Wild Guesses II

After a whirlwind start to this year (let’s leave the decade debates aside please), we’re finally ready to start making our 2020 predictions for privacy, data partnerships, and data strategy. This is where we lay out our view for how businesses, regulators, government, and internet users will shift the rules and change the way we… Read More

Facebook’s Privacy Game

Fads are a big part of January. Everyone wants to hashtag their efforts at keeping up their New Year’s Resolution (#NoCheeseMonth, #NoCarbMonth, #NoFunMonth), and our collective refusal to acknowledge that the holidays are over means we’re all still desperate for distractions. But nobody minds, because we all love fads — it’s why we get obsessed… Read More

Responding to a Data Crisis in Three Steps

It’s been a week, folks.  Not even a week.  And we’ve already got a looming hot war, an active cyberwar, three major data breaches, and the promise of a major fight over GDPR on the very near horizon.  Apparently, 2020 is going to be like 2019, just more so. Normally, this is the time of… Read More