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Articles by Jules
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The Future of Privacy Forum’s 14th Annual Privacy Papers for Policymakers Award Recognizes Influential Privacy Research
The Future of Privacy Forum’s 14th Annual Privacy Papers for Policymakers Award Recognizes Influential Privacy Research
By Jules Polonetsky
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FPF Announces Privacy Papers for Policymakers Award Winners
FPF Announces Privacy Papers for Policymakers Award Winners
By Jules Polonetsky
Contributions
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How do you leverage data privacy as a competitive advantage in IT innovation?
More than 150 countries have data protection laws in place. Although there are major differences, a few common rights are in most laws, and for those building products or services to scale, supporting these rights is a core requirement. For example, the rights for an individual to delete their personal information, to right to view the information a company holds, and often a right to download or transfer the data are common across many laws. Similarly, rights to object to transfer of data to third parties or sale of data, and rights to object to ad targeting and personalization are reflected in laws around the globe. Planning to support these obligations at the earliest possible opportunity will save painful retrofitting later on.
Activity
Experience & Education
Licenses & Certifications
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Certified Information Privacy Professional/United States (CIPPUS)
IAPP - International Association of Privacy Professionals
Volunteer Experience
Publications
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Five Freedoms for the Homo Deus
IEEE Security & Privacy: Special Issue AI Ethics
O. Tene, J. Polonetsky and A. Sadeghi, "Five Freedoms for the Homo Deus," in IEEE Security & Privacy, vol. 16, no. 3, pp. 15-17, 2018.
Guest Editors for Special IEEE Security $ Privacy Issue on EI Ethics
Other authorsSee publication -
Cambridge Handbook on Consumer Privacy
Cambridge University Press
Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things…
Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.
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Beyond the Common Rule: Ethical Structures for Data Research in Non-Academic Settings
Colorado Technology Law Journal
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A Theory of Creepy: technology, Privacy and Shifting Social Norms
Yale Journal of Law and Technology
The rapid evolution of digital technologies has hurled to the forefront of public and legal discourse dense social and ethical dilemmas that we have hardly begun to map and understand. In the near past, general community norms helped guide a clear sense of ethical boundaries with respect to privacy. One does not peek into the window of a house even if it is left open. One does not hire a private detective to investigate a casual date or the social life of a prospective employee. Yet with…
The rapid evolution of digital technologies has hurled to the forefront of public and legal discourse dense social and ethical dilemmas that we have hardly begun to map and understand. In the near past, general community norms helped guide a clear sense of ethical boundaries with respect to privacy. One does not peek into the window of a house even if it is left open. One does not hire a private detective to investigate a casual date or the social life of a prospective employee. Yet with technological innovation rapidly driving new models for business and inviting new types of personal socialization, we often have nothing more than a fleeting intuition as to what is right or wrong. Our intuition may suggest that it is responsible to investigate the driving record of the nanny who drives our child to school, since such tools are now readily available. But is it also acceptable to seek out the records of other parents in our child’s car pool or of a date who picks us up by car? Alas, intuitions and perceptions of “creepiness” are highly subjective and difficult to generalize as social norms are being strained by new technologies and capabilities. And businesses that seek to create revenue opportunities by leveraging newly available data sources face huge challenges trying to operationalize such subjective notions into coherent business and policy strategies. This article presents a set of social and legal considerations to help individuals, engineers, businesses and policymakers navigate a world of new technologies and evolving social norms. These considerations revolve around concepts that we have explored in prior work, including enhanced transparency; accessibility to information in usable format; and the elusive principle of context.
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Privacy and Big Data: Making Ends Meet
Stanford Law Review Online, 66 Stan. L. Rev. Online 25
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Judged by the Tin Man: Individual Rights in the Age of Big Data
Journal of Telecommunications and High Technology Law, Forthcoming
In this essay, we present some of the privacy and non-privacy risks of big data as well as directions for potential solutions. In a previous paper, we argued that the central tenets of the current privacy framework, the principles of data minimization and purpose limitation, are severely strained by the big data technological and business reality. Here, we assess some of the other problems raised by pervasive big data analysis. In their book, “A Legal Theory for Autonomous Artificial Agents,”…
In this essay, we present some of the privacy and non-privacy risks of big data as well as directions for potential solutions. In a previous paper, we argued that the central tenets of the current privacy framework, the principles of data minimization and purpose limitation, are severely strained by the big data technological and business reality. Here, we assess some of the other problems raised by pervasive big data analysis. In their book, “A Legal Theory for Autonomous Artificial Agents,” Samir Chopra and Larry White note that “as we increasingly interact with these artificial agents in unsupervised settings, with no human mediators, their seeming autonomy and increasingly sophisticated functionality and behavior, raises legal and philosophical questions.” In this article we argue that the focus on the machine is a distraction from the debate surrounding data driven ethical dilemmas, such as privacy, fairness and discrimination. The machine may exacerbate, enable, or simply draw attention to the ethical challenges, but it is humans who must be held accountable. Instead of vilifying machine-based data analysis and imposing heavy-handed regulation, which in the process will undoubtedly curtail highly beneficial activities, policymakers should seek to devise agreed-upon guidelines for ethical data analysis and profiling. Such guidelines would address the use of legal and technical mechanisms to obfuscate data; criteria for calling out unethical, if not illegal, behavior; categories of privacy and non-privacy harms; and strategies for empowering individuals through access to data in intelligible form
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It's Not How Much Data You Have But How You Use It: Assessing Privacy In the Context of Consumer Data Integration
Future of Privacy Forum
The paper seeks to explain the market factors driving companies to provide an increasingly wide range of integrated services to consumers. We point to consumer demand for interoperability; the need for companies to maintain their channel to the consumer across multiple platforms and devices; the need for access to social content and signals; and innovative data uses that benefit consumers.
Expansions in data collection and new integrated uses have repeatedly been the cause of privacy…The paper seeks to explain the market factors driving companies to provide an increasingly wide range of integrated services to consumers. We point to consumer demand for interoperability; the need for companies to maintain their channel to the consumer across multiple platforms and devices; the need for access to social content and signals; and innovative data uses that benefit consumers.
Expansions in data collection and new integrated uses have repeatedly been the cause of privacy concerns. But rather than impose new obligations on companies solely because of factors such as comprehensiveness of data, we propose a logical extension of the concept of context, which was introduced by the White House and FTC reports earlier this year. When data is used in new contexts, corporate practices should be judged by the nature of such new contexts and the communication needed to engage consumers without creating a “privacy lurch.” Important factors to consider include the nature of the new context; the value of the new data use; and the expectations a consumer may have developed with respect to a given “brand.” An evaluation based on this “enhanced context” model may warrant a decision to rely solely on good communication without providing consumers with additional choice. Alternatively, it may call for consumer opt-out rights or even express consent, if the nature of the shift in context and supporting factors so warrant.
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To Track or Do Not Track: Advancing Transparency and Control in Online Advertising
Minnesota Journal of Law, Science, and Technology
In our paper, we describe the various online tracking technologies deployed by industry and the different purposes of online behavioral tracking. We lay out the existing regulatory framework applicable to online behavioral tracking in the European Union and United States and address some of the existing proposals for regulatory reform. Finally, we discuss our views with respect to the desirable allocation of responsibility among users, businesses and policymakers.
Other authorsSee publication -
Privacy in the Age of Big Data
Stanford Law Review Online
Privacy advocates and data regulators increasingly decry the era of big data as they observe the growing ubiquity of data collection and the increasingly robust uses of data enabled by powerful processors and unlimited storage. Researchers, businesses, and entrepreneurs vehemently point to concrete or anticipated innovations that may be dependent on the default collection of large data sets. We call for the development of a model where the benefits of data for businesses and researchers are…
Privacy advocates and data regulators increasingly decry the era of big data as they observe the growing ubiquity of data collection and the increasingly robust uses of data enabled by powerful processors and unlimited storage. Researchers, businesses, and entrepreneurs vehemently point to concrete or anticipated innovations that may be dependent on the default collection of large data sets. We call for the development of a model where the benefits of data for businesses and researchers are balanced against individual privacy rights. Such a model would help determine whether processing can be justified based on legitimate business interest or only subject to individual consent, and whether consent must be structured as opt-in or opt-out.
Other authorsSee publication -
SmartPrivacy for the Smart Grid
Information and Privacy Commissioner, Ontario, Canada
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Big Data for All: Privacy and User Control in the Age of Analytics
11 Northwestern Journal of Technology and Intellectual Property 239 (2013)
Projects
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Mark Schneiderman
Co-Produced the Student Privacy Pledge articulating a set of 12 commitments for school service providers to safeguard student privacy and data security. The Pledge has been signed by 200+ school service providers and was endorsed by President Obama.
Other creatorsSee project
Honors & Awards
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Privacy by Design Ambassador
Information and Privacy Commissioner of Ontario
Languages
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Hebrew
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Organizations
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International Association of Privacy Professional
Founding Board Member
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Generative AI is very powerful with English, less so with most other languages. To address this, models need access to more content in other…
Generative AI is very powerful with English, less so with most other languages. To address this, models need access to more content in other…
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#PETS Summary of the White House kick-off event for this effort to create legality certainty and ethical parameters for the use of privacy enhancing…
#PETS Summary of the White House kick-off event for this effort to create legality certainty and ethical parameters for the use of privacy enhancing…
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OK all, good news and bad news. Bad news first - I forgot to wear my cookie monster T-Shirt for the Cookies live stream on LinkedIn today at…
OK all, good news and bad news. Bad news first - I forgot to wear my cookie monster T-Shirt for the Cookies live stream on LinkedIn today at…
Shared by Jules Polonetsky
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FPF Fall Training Schedule is Available
FPF Fall Training Schedule is Available
Shared by Jules Polonetsky
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Exciting news! The Future of Privacy Forum has launched a Research Coordination Network focused on privacy-preserving data sharing and…
Exciting news! The Future of Privacy Forum has launched a Research Coordination Network focused on privacy-preserving data sharing and…
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