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Full-Text Articles in Law

Data Vu: Why Breaches Involve The Same Stories Again And Again, Woodrow Hartzog, Daniel Solove Jul 2022

Data Vu: Why Breaches Involve The Same Stories Again And Again, Woodrow Hartzog, Daniel Solove

Shorter Faculty Works

In the classic comedy Groundhog Day, protagonist Phil, played by Bill Murray, asks “What would you do if you were stuck in one place and every day was exactly the same, and nothing that you did mattered?” In this movie, Phil is stuck reliving the same day over and over, where the events repeat in a continual loop, and nothing he does can stop them. Phil’s predicament sounds a lot like our cruel cycle with data breaches.

Every year, organizations suffer more data spills and attacks, with personal information being exposed and abused at alarming rates. While Phil …


A Skeptical View Of Information Fiduciaries, Lina M. Khan, David E. Pozen Jan 2019

A Skeptical View Of Information Fiduciaries, Lina M. Khan, David E. Pozen

Faculty Scholarship

The concept of “information fiduciaries” has surged to the forefront of debates on online-platform regulation. Developed by Professor Jack Balkin, the concept is meant to rebalance the relationship between ordinary individuals and the digital companies that accumulate, analyze, and sell their personal data for profit. Just as the law imposes special duties of care, confidentiality, and loyalty on doctors, lawyers, and accountants vis-à-vis their patients and clients, Balkin argues, so too should it impose special duties on corporations such as Facebook, Google, and Twitter vis-à-vis their end users. Over the past several years, this argument has garnered remarkably broad support …


Cybersecurity Stovepiping, David Thaw Jan 2017

Cybersecurity Stovepiping, David Thaw

Articles

Most readers of this Article probably have encountered – and been frustrated by – password complexity requirements. Such requirements have become a mainstream part of contemporary culture: "the more complex your password is, the more secure you are, right?" So the cybersecurity experts tell us… and policymakers have accepted this "expertise" and even adopted such requirements into law and regulation.

This Article asks two questions. First, do complex passwords actually achieve the goals many experts claim? Does using the password "Tr0ub4dor&3" or the passphrase "correcthorsebatterystaple" actually protect your account? Second, if not, then why did such requirements become so widespread? …


Data Breach (Regulatory) Effects, David Thaw Jan 2015

Data Breach (Regulatory) Effects, David Thaw

Articles

No abstract provided.


Dos And Don'ts Of Data Breach And Information Security Policy, Fred H. Cate, Martin E. Abrams, Paula J. Bruening, Orson Swindle Jan 2009

Dos And Don'ts Of Data Breach And Information Security Policy, Fred H. Cate, Martin E. Abrams, Paula J. Bruening, Orson Swindle

Articles by Maurer Faculty

No abstract provided.


Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate Jan 2008

Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.