thelior.bsky.social
University of Chicago Law Professor who writes about privacy law, property theory, and law & technology.
My bio is here: https://www.law.uchicago.edu/faculty/strahilevitz
My writing is here: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=331655
51 posts
6,548 followers
669 following
Regular Contributor
Active Commenter
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Thanks Andres!
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I’m so sorry, Maggie. What a devastating loss for all of the families and friends of those who died. May Sarah’s memory be a blessing.
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Something like Progressive Snapshot is opt-in and, as I understand it, many of their consumers plausibly understand the privacy versus cost-savings trade offs at least somewhat well. I’ve not seen evidence that either of those things are true for Subaru’s data collection.
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This scandal isn’t about aggregated and anonymized data collection. It’s that a hacker could identify everywhere any individual Subaru had been for at least a year, in addition to dangerous stuff like remote engine starts by malicious actors.
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I don’t know whether the text is accurate. You’d have to ask the journalists. But storing at least a year’s worth of precise geolocation info for every car is likely contrary to customers’ expectations. And the assumption that Subaru drivers will comb through all terms & conditions is unrealistic.
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And I know you care deeply about both speech and privacy, so this seems like it ought to be a genuine mixed bag from that point of view.
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I totally get that perspective, though Congress did give the platform some time to find a domestic buyer. But the Court’s rationale creates lots of room to restrict data collection by any entity based on the realistic prospect of data transfers to overseas adversaries (or hacks / breaches).
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I know you were on the other side Ryan, but as the Court wrote it up how is this not a big win for privacy? The Court is emphatically recognizing data collection harms in a way it hadn’t before, and doing so unanimously.
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Yes, I think that’s the most intuitive reading. It makes the legality of nagging a really interesting topic.
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So if you're interested in privacy or dark patterns / deceptive design, or just annoyed by the choice architecture you regularly encounter on apps and websites, check out this new research, by @mbkugler.bsky.social, @ineffablicious.bsky.social, Chirag Mahapatra, and me.
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The paper also shows how much consumers like the CCPA (California Consumer Privacy Act) "Do Not Sell or Share My Personal Information" option - many consumers overcame dark patterns to affirmatively opt-in to restrictions on the sale and sharing of their information. It's a wildly popular option.
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The paper is the first published research to show the potency of annoying "nagging" dark patterns, which replace a "Yes/No" choice with "Yes/Maybe Later" or "Yes/Not Now" option. These dark patterns probably aren't deceptive, but they are manipulative, and they are likely unfair under the FTC Act.
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Ok, please just send me an email.
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Good for you both. Reading the core parts of the syllabus, I’m totally with you. But I was floored that someone immediately read the learning outcomes section at the end.
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Yes? In my defense, roughly 40% of my Property students are going to clerk for federal judges. So lots of them are going to encounter takings litigation within a few years, especially given the recent changes in the doctrine. And this will likely be their only exposure to takings in law school.
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I’m so sorry for your loss, James. Generations of law students have been inspired by her determination.
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It’s still on the syllabus and in the book! It’s a great case!!!
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I’m digging the subtle reference to 95% confidence intervals here.
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I’m one step ahead of you. Last time I taught the same class I posted the syllabus with the learning outcomes but without the free book offer. And NO ONE emailed me seeking a gratis casebook. So my results are clearly significant Dave.
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Just one, but only six students have logged into Canvas in the few hours since the syllabus was posted. (The students just finished their first set of exams a couple of days ago so this is totally understandable / appropriate.)
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It’s a badge of honor but they wear it humbly.
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go.bsky.app/L81ZCoX
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This one is just our full-time faculty, but I’m open to doing separate ones for lecturers or alumni down the road.
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Thanks Maggie. Done! And I added @bridgetfahey.bsky.social too, who just migrated over.
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I think it’s either Fall on Me or Bad Day, though their cover of Love is all Around on the Unplugged album might be their best recorded performance.