Category Archives: Defamation and Privacy

‘Privacy Rights in the Internet Age and the New Tort of Public Disclosure of Private Facts’

“Gradually courts have been awarding damages for the tort of public disclosure of private information. The tort of public disclosure of private information consists of the following elements: (a) the defendant publicized an aspect of the plaintiff’s private life; (b) the plaintiff did not consent to the publication; (c) its publication would be highly offensive […]

Bonica and Klein, ‘Adam Smith on Reputation, Commutative Justice, and Defamation Laws’

ABSTRACT We explore two issues in reading Smith. The first concerns whether he thought that ‘one’s own’ as covered by commutative justice included one’s reputation. Several passages point to the affirmative. But reputation is left out of Smith’s ‘most sacred laws’ description of commutative justice. Moreover, so much of reputation – eg, ‘Steve’s work stinks’ […]

Chander, Kaminski and McGeveran, ‘Catalyzing Privacy Law’

ABSTRACT The United States famously lacks a comprehensive federal data privacy law. In the past year, however, nearly half of state legislatures have proposed or enacted broad privacy bills or have established privacy legislation task forces, while Congress has scrambled to hold hearings on multiple such proposals. What is catalyzing this legislative momentum? Some believe […]

Thomas Fletcher, ‘My business is your business: the Court of Appeal’s decision in MN v OP

ABSTRACT This article considers the decision of the Court of Appeal in England in MN v OP [2019] EWCA Civ 679 on the circumstances in which an anonymity order will be made in connection with an application under the Variation of Trusts Act 1958. It looks at the legal framework for the decision, in particular […]

Sam Lee, ‘Internalizing the Harm of Privacy Breaches: Do Firms Have an Incentive to Improve Data Protection? An Event Study’

ABSTRACT Big data, combined with machine learning and artificial intelligence, is expected to increase the bulk of personal data in the hands of private and public entities, presenting a unique challenge to policymakers. Therefore, the question of how to incentivise firms to protect personal information is more relevant today than ever before. This study attempts […]

Ari Waldman, ‘Privacy’s Law of Design’

ABSTRACT Privacy by design is about making privacy part of the conception and development of new data collection tools. But how should we interpret ‘privacy by design’ as a legal mandate? As it transitions from an academic buzzword into binding law, privacy by design will, for the first time, impose real responsibilities on real people […]

Das, Dev and Camp, ‘Privacy Preserving Policy Model Framework’

ABSTRACT Privacy policies are legal documents about data that an online service or a website collects from the users and how this data is later stored and handled. These policies are often long and convoluted for an average internet user to understand. Prior work has mostly focused on improving the accessibility of these privacy policies, […]

‘Section 9 Defamation Act 2013: a difficult burden for Claimants to discharge’

“The decision of Mr Justice Nicklin in Craig Wright v Roger Ver ([2019] EWHC 2094 (QB)) confirms the high hurdle that a claimant must overcome in a defamation case where section 9 of the Defamation Act 2013 applies. Where a defendant in a libel claim is not domiciled in the United Kingdom, another Member State […]

Sanfilippo, Shvartzshnaider, Reyes, Nissenbaum and Egelman, ‘Disaster Privacy/Privacy Disaster’

ABSTRACT Privacy expectations during disasters differ significantly from non-emergency situations. Recent scandals, such as inappropriate disclosures from FEMA to contractors, illustrate that tradeoffs between emergencies and privacy must be made carefully. Increased use of social technologies to facilitate communication and support first responders provide more opportunities for privacy infringements, despite increased regulation of disaster information […]

Emily Kadens, ‘The Dark Side of Reputation’

ABSTRACT Reputation is the foundation of theories of private ordering. These theories contend that commercial actors will act honestly because if they do not, they will get a bad reputation and others will not want to do business with them in the future. But economists and scholars of networks increasingly realize that reputation has its […]