ari ezra waldman

As a lawyer & sociologist, I study how law and technology mediate social life. My research focuses on privacy, technology design, and speech online.

 
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Publications

Books

Designing With Privacy
(
Cambridge University Press (forthcoming 2021))

Privacy as Trust: Information Privacy for an Information Age
(Cambridge University Press 2018)


Articles

Privacy’s Law of Design, 9 U.C. IRVINE L. REV. __ (forthcoming 2019)

Law, Privacy, and Online Dating: “Revenge Porn” in Gay Online Communities, 44 L. & SOC. INQUIRY __ (forthcoming 2019) (peer reviewed)
*Deirdre G. Martin Memorial Lecture on Privacy, University of Ottawa, Faculty of Law

Social and Technosocial Spaces, 96 WASH. U. L. REV. __ (forthcoming 2019)

Designing Without Privacy, 55 HOUSTON L. REV. 659 (2018)
*Winner of the 2019 Privacy Papers for Policymakers award by the Future of Privacy Forum

*Winner of the International Association of Privacy Professionals (IAPP) Award for Best Paper at the 2017 Privacy Law Scholars Conference (PLSC)

A Statistical Analysis of Privacy Policy Design, 93 NOTRE DAME L. REV. ONLINE 159 (2018)

The Marketplace of Fake News, 20 PENN. J. CONST. L. 845 (2018)

Are Anti-Bullying Laws Effective?, 103 CORNELL L. REV. ONLINE 135 (2018)

Privacy, Notice, and Design, 21 STANFORD TECH. L. REV. 74 (2018)

A Breach of Trust: Fighting “Revenge Porn”, 102 IOWA L. REV. 709 (2017)

Trust: A Model for Disclosure in Patent Law, 92 INDIANA L. J. 557 (2017)

Triggering Tinker: Student Speech in the Age of Cyberharassment, 71 U. MIAMI L. REV. 427 (2017)

Privacy, Sharing, and Trust: The Facebook Study, 67 CASE W. RES. L. REV. 193 (2016)

Manipulating Trust on Facebook, 29 LOY. CONSUMER L. REV. 175 (2016)

Amplifying Abuse: The Fusion of Cyberharassment and Discrimination, B. U. L. REV. ANNEX (Oct. 2015).

Privacy As Trust: Sharing Personal Information in a Networked World, 69 U. MIAMI L. REV. 559 (2015).
*Winner of the Otto L. Walter Distinguished Writing Award, 2016

Marriage Rights and the Good Life, 64 HASTINGS L. J. 739 (2013).

All Those Like You: Identity, Aggression, and Student Speech, 77 MISSOURI L. REV. 563 (2013).

Tormented: Anti-Gay Bullying in Schools, 84 TEMPLE L. REV. 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.

When Robots Make Decisions (with Kirsten Martin, The George Washington University): This empirical project explores what, if any, factors materially affect our willingness to accept the legitimacy of automated decisions.

The Metacognitive Experience of Privacy Decision-Making (with James A. Mourey, DePaul University): Surveys of individuals navigating their privacy online form the basis of this interdisciplinary paper arguing that many users who are confronted with platform designs that make privacy decision-making difficult tend to give up and cede control rather than take additional effort to achieve their goals.

Network (Fake) News: This project combines social networks theory and tort law and argues that the spread of fake news is a designed-in feature of online social networks and, therefore, responsibility for harm should be guided by products liability principles.

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.


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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.

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