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
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that the FTC’s Privacy Shield framework governing the transfer of personal data from Europe to the United States is no longer valid.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
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
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
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
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
To me, the most meaningful meme of this year was “OK, Boomer” (Baby Yoda was a non-event, don’t @ me). It not only perfectly captures the very real, politically potent generational conflict going on right now, but it also reflects how completely ignored Generation X is in our current culture wars. (I feel no guilt… Read More
You may recall that we made some predictions way back in January about what would happen in privacy, privacy law, and data partnerships over the course of 2019. Well, we believe in accountability, and so it’s time to check out how well we did. There’s a reason that most people don’t reflect on their New… Read More
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
Summer is always an interesting time for lawyers, because it’s the time of year when the Supreme Court’s term comes to a close and when, typically, they issue their most controversial or difficult rulings. In fact, the Court sometimes waits until the actual last day of the term before handing out the tough, 5-4 split… Read More
One of the questions I hear most frequently is “will the GDPR be as big a deal as everyone promised?” Of course, the real question is “will the GDPR be as big a deal as you, Jay, promised,” and it is a fair one. Privacy commentators spent a great deal of time in 2018 talking… Read More
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
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
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
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
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
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
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
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
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