A win for civil libertarians does not mean a loss for data owners.
Chris Jay Hoofnagle is Professor of Law in Residence at the University of California, Berkeley, School of Law, where he teaches cybersecurity, programming for lawyers, and torts. He is affiliated faculty with the Simons Institute for the Theory of Computing, an adjunct professor in the School of Information, and a faculty director of the Berkeley Center for Law & Technology. Hoofnagle’s new book, "Law and Policy for the Quantum Age" (with Simson Garfinkel) is forthcoming 2021 from Cambridge University Press, which also published his first book, "Federal Trade Commission Privacy Law and Policy" (2016). He is an elected member of the American Law Institute. Hoofnagle is of counsel to Gunderson Dettmer LLP, and serves on boards for Constella Intelligence and Palantir Technologies.
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In a paper we are making public today, we go beyond private right of action and preemption to consider enforcement frameworks outside the privacy field.
Editor's note: This piece originally appeared on TechTank.
Facebook’s recent settlement with the Federal Trade Commission (FTC) has reignited debate over whether the agency is up to the task of protecting privacy. Many people, including some skeptics of the FTC’s ability to rein in Silicon Valley, lauded the settlement, or at least parts of it.