March 2007

“Among other changes, the revisions to our Privacy Policy may have changed your preferences for receiving postal mailings from Alaska Airlines and its partners.” Now that’s the power of policy! Photo, text from “Privacy policy update from Alaska Airlines, received March 24, 2007” by JasonJT, on Flickr. He has great outraged commentary.  

Read More Privacy Policy

There’s a lot of headlines about how the TJX “Data Theft Grows To Biggest Ever” (Washington Post). The trouble is, that claim is wrong, and it’s wrong even amended to “Biggest reported ever.” The biggest reported theft of person data is Scott Levine’s theft of over a billion records from Axciom. As the Department of…

Read More Worst Breach Ever?

I’d like to respond to two questions posted to my “Security Breaches Are Good For You” post. Antonomasia writes “there are security events other than customer data disclosure – any thoughts on how those can be subjected to evidence-based assessment?” Blivious writes: “What about other kinds of breaches? The apparent moral standard only applies to…

Read More The Sky Is Not Falling–What Can We Learn?

At Shmoocon, I talked about how “Security Breaches are Good for You.” The talk deviated a little from the proposed outline. I blame emergent chaos. Since California’s SB 1386 came into effect, we have recorded public notice of over 500 security breaches. There is a new legal and moral norm emerging: breaches should be disclosed.…

Read More Security Breaches Are Good for You: My Shmoocon talk

So Mike Rothman thinks that anonymity is for cowards: During the discussion last night, one guy pointed out that sometimes things are too sensitive or controversial or unpopular to say, so anonymity allows folks to do that. I call bullshit on that. Anonymity is the tool of a coward. And while I agree with Mike…

Read More On Anonymity

Dan Solove writes: Professor Neil Richards (Washington University School of Law) and I have posted on SSRN our new article, Privacy’s Other Path: Recovering the Law of Confidentiality, 96 Georgetown Law Journal __ (forthcoming 2007). The article engages in an historical and comparative discussion of American and English privacy law, a topic that has been…

Read More Privacy's Other Path