What legal tools do privacy advocates have available to defend an individual's right to privacy? How far does this right go? How should these rights be defended — or if necessary — curtailed? What is the role of Government, of the practicing bar, and of academics?

Prepared for the North Carolina Law Review symposium on police body-worn Cameras (“BWC”s), this Article shows that BWCs can be conceptualized as an example of the Internet of Things (“IoT”). By combining the previously separate literatures on BWCs and IoT, this Article shows how insights...

This article addresses two subjects concerning international choice of law and the Internet. It examines the choice of law regime created by the E.U. Data Protection Directive, which enters into effect in October, 1998. The Directive shows the uses and limitations of harmonization as an...

A good deal of recent attention has focused on the potential for "self-regulation" on the Internet and more generally. This article proposes a general framework for deciding among markets, self-regulation and government enforcement in the protection of personal information. Self-regulation is...

This article is part of a Wisconsin Law Review symposium in honor of the work of Neil Komesar, and particularly his book “Imperfect Alternatives: Choosing Institutions in Law, Economics, and Public Policy.” I used this as the main text in 2003 for one of the first law school courses on...

This is the introductory essay for the Ohio State Law Journal Symposium on "The Second Wave of Global Privacy Protection." The essay seeks to provide a readable summary of how information privacy issues have developed since the rise of the Internet in the 1990s. It explains the perspective of...

This essay is in honor of the retirement of Peter Hustinx, who served as the first European Data Protection Supervisor, from 2004-2014. The essay suggests that key themes in Hustinx’ career show a surprising and deep similarity between the legal cultures of the United States and the European...

This article presents and analyzes significant ways that both the European Union and the United States are stricter in certain respects than the other, for the privacy of government requests for information. The ways that both sides are stricter in significant respects has not been clearly...