Durable Privacy Legislation: An Evidence-Based Privacy Law that Works for the People

Public demand for stronger privacy laws has reached a critical point, and congress is likely to pass sweeping, cross-technology and cross-industry privacy legislation for the first time in US history. This is an exciting juncture for information policy, but also a perilous one. Poorly constructed privacy laws can frustrate the interests of the people they are meant to protect.

In her newest white paper, PEP Director Jane Bambauer explains why an evidence-based privacy law would not look like the GDPR or the CCPA, and offers the contours (and even model language) of a statutory scheme that would better serve the modern American consumer.

You can read the full paper and model legislation here.

Registration Now Open for PEP’s Seventh Annual Privacy & Data Security Symposium!

Registration is now open for PEP’s Seventh Annual Public Policy Symposium on the Law & Economics of Privacy and Data Security. The Symposium will be held Friday, May 10, 2019 in the Founders Hall Auditorium at GMU’s Scalia Law School.

Click here for the Symposium agenda and to register.

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PEP Director Jane Bambauer Provides Further Testimony to Senate Judiciary Committee

On March 12, 2019, PEP Director Jane Bambauer testified before the Senate Judiciary Committee on the likely impact of GDPR and the CCPA on innovation and consumer welfare. Following her testimony, Senator Lindsey Graham requested that Jane expand her testimony by answering a series of written questions. Jane provided her responses on April 3, 2019.

You can read the Committee’s questions and Jane’s responses here.

PEP 2018 Year in Review

This dispatch of the PEP report takes a fly-over view of the year that just came to a close. Here are a few of the most important developments in policy and research related to privacy, data security, and data stewardship.

Story of the Year

Cambridge Analytica

News that Cambridge Analytica collected data on millions of Facebook users and exploited it to perform political consulting services has caused a seismic shift in privacy debates. For many observers, the scandal moved our attention to the particulars of data ownership over to more fundamental questions about the nature of data-related harm. Most of the observations from civil society describe that harm in terms of manipulation and deceit. For example, a report by the New America Foundation summarizes the Cambridge Analytica events and other related scandals this way:

The central theme in these scandals is the power of the major digital media platforms to track, target, and segment people into audiences that are highly susceptible to manipulation. These companies have all profited enormously from this market structure, and they have done little to mitigate potential harms.”

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Cambridge Analytica and the Meaning of Privacy Harm

In 2014 and 2015, the research company Cambridge Analytica was able to amass a database of information on 87 million Facebook users, based on the survey results of just a few hundred thousand personality quiz participants. The company then used this data to try to get political consulting clients. In her new white paper, Program on Economics & Privacy Director Jane Bambauer argues that while almost everyone agrees that something went wrong here, defining the harm such that it can elucidate the best course for public policy is an exceedingly difficult task.

This issue raises multiple concerns, each deserving of careful consideration, but which have divergent implications for how policymakers should respond. Professor Bambauer’s paper uses the Cambridge Analytica episode to explore why the meaning of a privacy-related harm is so difficult to define and why lawmakers are wise to proceed with caution as they develop new privacy laws.

You can read the full paper here.

Are Firms and Consumers Investing Enough in Data Security?

In his new white paper, Are Firms and Consumers Investing Enough in Data Security?, Program on Economics & Privacy affiliated scholar, Sasha Romanosky surveys the cybersecurity terrain and shows the gaps in the tool set used to assess cyber risks and resulting harms in order to answer the question of whether firms and consumers take enough care to protect personal information.

Many consumer advocates and security and privacy professionals have concluded that companies are not spending enough on IT security. Their assessments are buttressed by the numerous reported cyber incidents and data spills over the past decade. Clearly, these security breaches, privacy intrusions, and software vulnerabilities show that companies are not spending enough to protect consumers’ data and produce safe applications. But there are two problems with this conventional wisdom. First, it ignores the consumer in the model of optimal data security. And second, it wrongly assumes that the right level of security investment would eliminate data breaches altogether.

This white paper helps correct the discussion on both counts.

Read the full report here.

The PEP Report – November 2018

The Federal Trade Commission is hosting a series of hearings on Big Data to air and understand our current evidence base. Last week, the hearings on “Competition and Consumer Protection in the 21st Century” were held at American University Washington College of Law. (You can watch the speakers here.) This post will provide a summary of the first panel of the hearings, which I thought was one of the highlights of the event.

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The PEP Report – October 2018

by Jane Bambauer

Welcome to the inaugural PEP Report, an occasional (roughly monthly) roundup of news, research, and events related to privacy and economics.

A lot is happening this year, including upcoming public hearings at the FTC on big data and consumer protection and the recent passage of California’s Consumer Privacy Protection Act. Future PEP Reports will focus on those developments. For now, I would like to highlight research presented at the 46th TPRC Conference on Communications, Information, and Internet Policy.

TPRC recently took place at American University Washington College of Law. (NB: It’s called TPRC because it used to stand for the Telecommunications Policy Research Conference, but the scope has since expanded to include the Internet, of course.) As usual, TPRC brought together a great lineup of papers from multiple disciplines tackling current and future problems in communications policy. Below are my thoughts on some of my favorite papers.

One note about the conference over all: TPRC has had a Privacy/Security track for several years now, but some of my favorite papers were in other tracks, and had only brief discussions of privacy law. This is telling. Too often, the authors of privacy papers are not forced to be in conversation with researchers who are trying to optimize the utility of information and communications technologies, and vice versa. In the future, I would love to see authors and audiences of privacy and data use papers in the same room so that tensions can be aired, acknowledged, and accounted for.

Click below to read about some of my favorite privacy-related papers from TPRC

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Scalia Law Students: An Opportunity to Attend the TPRC Research Conference on Communications, Information, and Internet Policy for Free

American University College of Law will host the TPRC Research Conference on Communications, Information, and Internet Policy on September 21-22. This is a terrific, multidisciplinary conference. If you are writing a student note or other research paper about Internet policy and would like to attend, please send me an email at jyakowit@gmu.edu. As an academic sponsor, PEP can send one student to the whole conference for free.

For more information and the program agenda, visit the TPRC website here:

http://www.tprcweb.com/