Author(s): Chris Jay Hoofnagle Year: 2008 Abstract: While law enforcement increasingly locates individuals by gaining access to wireless phone records, a supermajority of Californians supports judicial intervention and informing suspects before law enforcement acquires retrospective (historical) location data on individuals from wireless phone companies. A majority of Californians understands that wireless phones can track their […]
A Supermajority of Californians Supports Limits on Law Enforcement Access to Cell Phone Location Information
Privacy Law Fundamentals
Author(s): Paul M. Schwartz Year: 2011 Abstract: “Privacy Law Fundamentals” is a distilled guide to the essential elements of U.S. data privacy law. In an easily-digestible format, the book covers core concepts, key laws, and leading cases. Included here for download are The Table of Contents and Chapter 1. The book explains the major provisions […]
New Governance, Chief Privacy Officers, and the Corporate Management of Information Privacy in the United States: An Initial Inquiry
Author(s): Kenneth A. Bamberger and Deirdre K. Mulligan Year: 2011 Abstract: While the turn from traditional regulation to more collaborative, experimentalist, and flexible forms of governance has garnered significant academic focus, far less attention has been paid to the effects of such “new governance” approaches on regulated firms’ understanding of the laws’ demands, and on […]
User Choices and Regret: Understanding Users’ Decision Process About Consensually Acquired Spyware
Author(s): Deirdre K. Mulligan Year: 2006 Abstract: Spyware is software which monitors user actions, gathers personal data, and/or displays advertisements to users. While some spyware is installed surreptitiously, a surprising amount is installed on users’ computers with their active participation. In some cases, users agree to accept spyware as part of a software bundle as […]
The Control of Strategic Alliances: An Empirical Analysis of Biotechnology Collaborations
Author(s): Robert P. Merges Year: 1997 Abstract: In this paper, we examine the determinants of control rights in technology strategic alliances between biotechnology firms and pharmaceutical corporations, as well as with other biotechnology firms. We undertake three clinical studies and an empirical analysis of 200 contracts. Consistent with the framework developed by Aghion and Tirole […]
Mobile Phones and Privacy
Author(s): Jennifer Urban and Chris Jay Hoofnagle Year: 2012 Abstract: Mobile phones are a rich source of personal information about individuals. Both private and public sector actors seek to collect this information. Facebook, among other companies, recently ignited a controversy by collecting contact lists from users’ mobile phones via its mobile app. A recent Congressional […]
Behavioral Advertising: The Offer You Cannot Refuse
Author(s): Chris Jay Hoofnagle Year: 2012 Abstract: At UC Berkeley, we are informing political debates surrounding online privacy through empirical study of website behaviors. In 2009 and 2011, we surveyed top websites to determine how they were tracking consumers. We found that advertisers were using persistent tracking technologies that were relatively unknown to consumers. Two […]
Systematic government access to private-sector data in Germany
Author(s): Paul M. Schwartz Year: 2012 Abstract: Germany has a strong commitment to the rule of law and to information privacy. Its concept of the ‘rule of law’ is best summed up in the idea of the Rechtsstaat, or ‘legal state’. The Rechtsstaat is a state that is based on civil liberties as well as […]
Privacy and Advertising Mail
Author(s): Chris Jay Hoofnagle and Jennifer Urban Year: 2012 Abstract: In this paper, we consider why Americans may frame the generation and receipt of unsolicited advertising mail as a privacy violation. We then present data from our nationwide survey showing that a very large majority of Americans, across all ideologies, educational attainment levels, age, and […]
The Price of ‘Free’: Accounting for the Cost of the Internet’s Most Popular Price
Author(s): Chris Jay Hoofnagle Year: 2013 Abstract: Offers of “free” services abound on the internet. These offers cause a conundrum for consumer protection. Courts are apt to discount users’ claims against such services; one recently held that users are not “consumers” for purposes of California consumer protection law. Industry leaders push to monitor users ubiquitously, […]