Category Archives: Policy

The Federal Trade Commission Wants Transparency in Data Practices – But FTC Commissioners Are Not Transparent about Their Activities

It appears that we’ve got a problem with FTC Commissioners having undisclosed meetings with business representatives and business groups.  At a time when the FTC is seeking to expand its authority over data and privacy matters this is particularly troubling. … Continue reading

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Senate Continues Data Broker Investigation – Talk of Data Privacy and Security Legislation

Senate Investigation On December 18, 2013, the US Senate Committee on Commerce, Science and Transportation held a hearing titled, “What Information Do Data Brokers Have on Consumers, and How Do They Use It?”    Following up, Committee Chair Senator Rockefeller has now … Continue reading

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NSA Loses One, Wins One – Interesting Differences in the Courts’ Reasoning

After the NSA’s loss in the D.C. District court, the NSA has a win in the Southern District of New York.  Here at Big Data and the Law we’ve dialed it back for the holidays, so haven’t yet spent much … Continue reading

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How is Facebook Different than the Deutsche Börse AlphaFlash?

You will recall that earlier in the year the Securities and Exchange Commission announced that it is OK for public companies to use social media to disclose what is (up to the time of disclosure) non-public information.  You will also … Continue reading

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That NSA Thing

No doubt there has been enough written about this, and one more thing will be superfluous.  A blog named Big Data and the Law can’t avoid the subject though.  But before we get into the “and the Law” part of our … Continue reading

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Current Privacy Regulation Might Not Protect Your Personal Information

A June 1 article in The New York Times highlights some of the issues we are concerned with here at Big Data and the Law.  The article is about what Kate Crawford, a researcher at Microsoft Research, calls the “Six … Continue reading

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Big Data and Financial Markets – Just Because We Can Do It Doesn’t Mean We Should Do It

So it appears it’s possible to predict movement in the Dow Jones Industrial Average.  Serious technical stuff about this is here: Less scholarly stuff, pretty much all over the place. As you know, here at Big Data and the … Continue reading

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California Legislator Proposes Revision to Law Regarding Personal Information – Does Better Work than the California Attorney General

  The proposed legislation is Assembly Bill No. 1291, which was introduced by Assembly Member Lowenthal on February 22, 2013.  If passed, the bill would replace some existing privacy related law. Specifically, the bill would expand current reporting requirements for … Continue reading

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California’s Mobile App Privacy Initiative – A Good Example of What’s Wrong with Privacy Regulation

To be effective, regulation has to be about acts and omissions – not disclosure.  We don’t charge people for the crime of failing to disclosure their intention to steal.  We charge them for stealing.  California’s alleged effort to “promote greater … Continue reading

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California Mobile App Privacy Initiative – Special Wednesday Context Post

Yesterday’s post probably made it clear that this blog has a negative view of the mobile app privacy initiative of the California Attorney General.  The post tomorrow should put to rest any doubt about it. Given the nature of those … Continue reading

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