Privacy and Power
Cambridge University Press (forthcoming 2021)
Privacy as Trust: Information Privacy for an Information Age
(Cambridge University Press 2018)
*PROSE Award Finalist
*Law & Society Association Herbert Jacob Book Prize Finalist (winner announced Aug. 10, 2019)
*American Sociological Association Robert K. Merton Book Award Finalist (winner announced Aug. 10, 2019)
Privacy & Priming: How Online Trust Cues Affect Consumer Intentions and Information Disclosure (with James A. Mourey) (under submission) (peer reviewed)
Privacy Law’s False Promise, 97 WASHINGTON UNIVERSITY LAW REVIEW __ (forthcoming 2020)
Algorithmic Legitimacy, 88 FORDHAM LAW REVIEW __ (forthcoming 2020)
Interpreting Article 25 of the GDPR, 52 CORNELL INTERNATIONAL LAW JOURNAL __ (forthcoming 2019)
Privacy’s Law of Design, 9 U.C. IRVINE LAW REVIEW__ (forthcoming 2019)
Safe Social Spaces, 96 WASHINGTON UNIVERSITY LAW REVIEW __ (forthcoming 2019)
Law, Privacy, and Online Dating: “Revenge Porn” in Gay Online Communities, 44 LAW & SOCIAL INQUIRY __ (forthcoming 2019) (peer reviewed)
*Honored as the Deirdre G. Martin Memorial Lecture on Privacy, University of Ottawa, Faculty of Law
Designing Without Privacy, 55 HOUSTON LAW REVIEW 659 (2018)
*Winner of the 2019 Privacy Papers for Policymakers Award
*Winner of the International Association of Privacy Professionals (IAPP) Award for Best Paper at the 2017 Privacy Law Scholars Conference (PLSC)
*Finalist for the American Sociological Association 2019 Star-Nelkin Paper Award (winner announced Aug. 10, 2019)
The Marketplace of Fake News, 20 PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 845 (2018)
Are Anti-Bullying Laws Effective?, 103 CORNELL LAW REVIEW ONLINE 135 (2018)
Privacy, Notice, and Design, 21 STANFORD TECHNOLOGY LAW REVIEW 74 (2018)
A Breach of Trust: Fighting “Revenge Porn”, 102 IOWA LAW REVIEW 709 (2017)
Trust: A Model for Disclosure in Patent Law, 92 INDIANA LAW JOURNAL 557 (2017)
Triggering Tinker: Student Speech in the Age of Cyberharassment, 71 UNIVERSITY OF MIAMI LAW REVIEW 427 (2017)
Privacy, Sharing, and Trust: The Facebook Study, 67 CASE WESTERN RESERVE LAW REVIEW 193 (2016)
Manipulating Trust on Facebook, 29 LOY. CONSUMER L. REV. 175 (2016)
Amplifying Abuse: The Fusion of Cyberharassment and Discrimination, BOSTON UNIVERSITY LAW REVIEW ANNEX (Oct. 2015)
Privacy As Trust: Sharing Personal Information in a Networked World, 69 UNIVERSITY OF MIAMI LAW REVIEW 559 (2015)
*Winner of the Otto L. Walter Distinguished Writing Award, 2016
Marriage Rights and the Good Life, 64 HASTINGS LAW JOURNAL 739 (2013)
All Those Like You: Identity, Aggression, and Student Speech, 77 MISSOURI LAW REVIEW 563 (2013)
Tormented: Anti-Gay Bullying in Schools, 84 TEMPLE LAW REVIEW 385 (2012)
Projects/Articles in Progress
Privacy Law’s False Promise: Based on original research and providing the first comprehensive analysis of the privacy vendor market and its impact on privacy compliance, this Article explores how compliance structures on the ground are frustrating the ability of new privacy laws to achieve protections for consumers.
Algorithmic Legitimacy: This theoretical project asks a threshold question not yet discussed in the growing legal and social science literature on artificial intelligence: When, if ever, should a democratic society accept commercial or social decisions made by algorithm?
The Legitimacy of Algorithmic Decision-Making (with Kirsten Martin, The George Washington University): This empirical project explores the theory of Algorithmic Legitimacy with survey data and analysis.
Privacy & Priming: How Online Trust Cues Affect Consumer Intentions and Information Disclosure (with James A. Mourey, DePaul University): Surveys of individuals navigating their privacy online form the basis of this interdisciplinary paper arguing that rather than navigate their privacy preferences, may users tend to give up and cede control to websites.
Intimate Partner Violence, Surveillance, and the Law: This project is based on case analyses and interviews with practicing lawyers and explores how attorneys today are combatting the use of surveillance tools in the context of intimate partner violence.
Interpreting Article 25 of the GDPR: This symposium piece argues that Article 25’s “data protection by design” provision is meaningless under any method of interpretation traditionally used by the European Union Court of Justice, from textual to teleological.
Privacy’s Law of Design: This article uses a deep dive into the law of products liability for design defects to put meat on the bones of a privacy by design statute.
Safe Social Spaces: I argue that the building blocks of social contexts conducive to socially beneficial sharing are endogenous design and exogenous law that buttress organically developed trust among individuals. Analogies to attorney-client relationships, teams of co-workers, and Alcoholics Anonymous meetings help elucidate the argument. After showing that these elements do not exist online, I then apply these lessons to propose ways to make online disclosures safer.
Privacy As Trust (2018)
My first book was published by Cambridge University Press in 2018. Based on my doctoral dissertation, Privacy As Trust asks us to understand privacy in terms of trust. In particular, I argue that trust is the reason we share personal information with others. Trust can make social environments safe. But false trust, the kind designed into digital platforms, manipulates us into sharing without our knowledge, awareness, and consent. Ultimately, I argue that privacy law should protect as private information shared in contexts of trust. This leads to several law and policy conclusions, including treating data collectors as fiduciaries of our data, reorienting privacy tort law to protect relationships of disclosure, and using consumer protection law to protect against manipulative designs like social robots and “Wizard of Oz” setups.