Happy new year – and new semester!
Event: Privacy as a Service with Erik Rubinstein
Our first event of the semester will be next week, as we host Erik Rubinstein (NYLS class of 2020) to talk about Privacy as a Service, incident response, and the nuances of class action litigation involving data breaches. He helped build the cybersecurity and privacy law practice at Debevoise & Plimpton and can really offer a unique perspective on the state of the industry.
The event will run from 1pm to 2pm in room W420 on Thursday, January 26th. Come join us, invite your friends, and learn more about the non-compliance side of privacy practice! We’re proud to be cosponsored by the Innovation Center for Law and Technology.
January 1st marked the effective date of new legislation as California’s Privacy Rights Act and Virginia’s Consumer Data Protection Act both took force. Across the country, 2023 looks for be a big year for privacy legislation (see iapp’s overview of state preparedness). Meanwhile, potential involvement of the Federal government looms with the American Data Privacy and Protection Act, which was introduced to Congress in June of 2022.
|2023 brings US state privacy law preparedness into focus The storyline for U.S. state privacy law in 2023 may be the handling of and compliance with multiple statutes going into effect. iapp.org|
Privacy vs. Convenience, and the TSA Being True to Form
Those of you who flew home (or away) over the holidays may have seen changes at certain airports, where TSA is experimenting with facial recognition technology as a new pillar of their security screening procedures. Although the data privacy risk may pale in comparison to the potential for other human rights violations, federal agency data collection remains a glaring weak point in reliance on state-based privacy protections. Thanks for Professor Benson for sending this one in!
|TSA is adding face recognition at big airports. Here’s how to opt out. – The Washington Post 16 major domestic airports are testing facial-recognition tech to verify IDs — and it could go nationwide in 2023. www.washingtonpost.com|
Data Privacy (or Lack Thereof) as Art
For a lighter take on privacy from November, check out coverage of art collective MSCHF’s new installation in Miami Beach! When information relating to your bank account gets exposed to the public, it’s normally cause for concern, but visitors who stop by this ATM voluntarily add their image and deposit balance to a ranked leaderboard for all to see.
|Just How Rich Are Attendees of Art Basel Miami Beach? An Installation From the Collective MSCHF Puts Their Bank Accounts on Display | Artnet News – news.artnet.com The piece is a response both to the recent volatility in cryptocurrencies and the market in general, and the extravagant wealth being flaunted in the city during Miami Art Week. news.artnet.com|
Surveillance in New York and the Electronic Frontier
Last summer, when the MTA installed surveillance cameras on subway cars, Governor Hochul was quoted as saying, “You think Big Brother is watching you on the subways, you’re absolutely right. That is our intent.” As similar surveillance increases nationwide, numerous grassroots organizations are fighting to oppose it… which I suppose makes them the Brotherhood in Hochul’s metaphor? In any case, the Electronic Frontier Foundation is an amazing group that has been fighting for privacy, expression, civil rights, and innovation in the digital world for more than 30 years. They’re responsible for the Internet Archive and also do pioneering legal work in the field. What’s more, they partner with other groups through the Electronic Frontier Alliance, of which we’re a member! Seriously, though, they’re good people.
|Electronic Frontier Foundation | Defending your rights in the digital world EFF is attending this week and next a new round of negotiations over the proposed UN Cybercrime Treaty to raise concerns that draft provisions now on the table include a long list of content-related crimes that pose serious threats to free expression, privacy, and the legitimate activities of journalists, whistleblowers, activists, and others. www.eff.org|
More locally, here in New York, the Surveillance Technology Oversight Project is hard at work advocating for stronger privacy protections and fighting against excessive intrusions by local and state-level actors. They also work with the EFF, with a focus on the anti-discrimination where digital privacy and real-world consequences blur.
|S.T.O.P. – The Surveillance Technology Oversight Project S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights surveillance-based discrimination against Muslim Americans, immigrants, and communities of color. Our team uses litigation, legislation, education, and grassroots advocacy to fight www.stopspying.org|
A long post; lots to catch up on from the break. Congrats for making it this far, and I hope you’re as excited as I am for what the coming semester has to offer!
President, Privacy Law Association