PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Restoring the CDA Section 230 to What It Actually Says

CDA 230 02

When Donald Trump targeted the Communications Decency Act (CDA) Section 230, a debate about the law flared up.  Numerous reforms were proposed, some even seeking to abolish the law.  Unfortunately, the debate has been clouded with confusion and misinformation. Although I disagree with many of the proposals to reform it or abolish Section 230, I […]

The Hulk Hogan Gawker Sex Video Case, Free Speech, and the Verdict’s Impact

Wikicommons - Public Domain Photo by Kristin Fitzsimmons

In a high-profile privacy lawsuit, former pro-wrestler Hulk Hogan won a $115 million jury verdict against Gawker for posting his sex video without his consent. Hulk Hogan, whose real name is TerryBollea, brought a lawsuit for invasion of privacy and other torts.  Under one of the main privacy torts — public disclosure of private facts […]

Privacy Law: From a National Dish to a Global Stew

By Daniel J. Solove This post is co-authored by Professor Neil Richards The recent case of Google v. Vidal-Hall in the UK has generated quite a buzz, with Omer Tene calling it the “European privacy judicial decision of a decade.” The case illustrates several fascinating aspects of the developing global law of privacy, with big […]

Should Celebrities Have Privacy? A Response to Jennifer Lawrence

by Daniel J. Solove In a recent AP story, actress Jennifer Lawrence had some rather extensive and passionate quotes about her loss of privacy. Not too long ago, Lawrence’s nude photos were stolen and leaked on the Internet by a hacker who hacked into her iCloud account. In her comments for the AP story, she […]

Jennifer Lawrence’s Nude Photos and Civil Rights Law: An Interview with Danielle Citron

Online Harm

“It is a sexual violation. It’s disgusting. The law needs to be changed, and we need to change.” — Jennifer Lawrence on her nude photos being non-consensually disclosed online Fairly recently, Jennifer Lawrence’s iCloud account was hacked and her private nude photos were stolen and posted online. She was mortified. Her case is just one […]

Privacy Torts in Canada and the International Convergence of Privacy Law

Canadian Flag

In a recent case, the Court of Appeal for Ontario, Canada recognized the privacy torts that are widely-recognized in the United States.  Many foreign common law jurisdictions, including the United Kingdom and other countries, have steadfastly refused to recognize the privacy torts spawned by the 1890 law review article by Samuel Warren and Louis Brandeis, […]

J.K Rowling, Defamation and Privacy Law, and the Chilling of the Media

JK Rowling and Privacy

A common argument made to justify First Amendment restrictions on privacy torts and defamation law is that legal liability will chill the media.  I am generally sympathetic to these arguments, though only to a point.  I think these arguments are often overblown.  An interesting point of comparison is the UK, where there is a much […]

New Details in the Tyler Clementi Cyberbullying Case

Clementi-Tyler

There are some new details emerging in the Tyler Clementi cyberbullying case at Rutgers. The case involves freshmen at Rutgers University. Dharun Ravi used a webcam to film and broadcast online an intimate encounter between his roommate Tyler Clementi and another man.

Off-Campus Cyberbullying and the First Amendment

Cyberbullying

The U.S. Court of Appeals for the Fourth Circuit recently upheld a school’s discipline of a student for engaging in off-campus cyberbullying of another student.  In Kowalski v. Berkeley County Schools, — F.3d — (4th Cir. July 27, 2011), a student (Kara Kowalski) created a MySpace profile called “S.A.S.H.,” which she said was short for […]