Essays on Privacy, AI, and Data Security

Here are some of my latest essays on privacy, AI, and data security:

• Against Privacy Essentialism
• Murky Consent: An Approach to the Fictions of Consent in Privacy Law
• AI, Algorithms, and Awful Humans
• The Failure of Data Security Law

Against Privacy Essentialism

Maria Angel and Ryan Calo recently published a formidable critique of my theory of privacy.

Their arguments are thoughtful and worth reckoning with, and I have just written a response: Against Privacy Essentialism

Murky Consent: An Approach to the Fictions of Consent in Privacy Law

I’m delighted to share the final version of my article:

Murky Consent: An Approach to the Fictions of Consent in Privacy Law 104 B.U. L. Rev. 593 (2024)

I’ve been pondering privacy consent for more than a decade, and I think I finally made a breakthrough with this article.  I welcome feedback and hope you enjoy the piece.

In this Article I argue that most of the time, privacy consent is fictitious. Instead of futile efforts to try to turn privacy consent from fiction to fact, the better approach is to lean into the fictions.

AI, Algorithms, and Awful Humans

I am pleased to share the final published version of my short essay with Yuki Matsumi. It was written for a symposium in Fordham Law Review.

AI, Algorithms, and Awful Humans 92 Fordham L. Rev. 1923 (2024)

This Essay critiques arguments that algorithmic decision-making is better than human decision-making.

The Failure of Data Security Law

Professor Woodrow Hartzog and I are posting The Failure of Data Security Law as a free download on SSRN. This is a chapter from our book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT. 

In this book chapter, we survey the law and policy of data security and analyze its strengths and weaknesses.

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Daniel J. Solove is a law professor at the George Washington University Law School and a leading international expert on privacy law. Join the free weekly email newsletter for more great privacy analysis, cartoons, whiteboards, events and resources. Learn more at TeachPrivacy.com. For education and events, check out the Privacy + Security Academy.