Firms use algorithms to make important business decisions. To date, the algorithmic accountability literature has elided a fundamentally empirical question important to business ethics and management: Under what circumstances, if any, are algorithmic decision-making systems considered...

This Article is one in a series about bullying and cyberbullying in schools. I argue that the proper analysis for a First Amendment challenge to school discipline for off-campus misuse of the Internet to harm or harass a member of the school community based on the victim’s identity depends on...

Privacy policies are essential to the notice-and-choice approach to online privacy in the United States. And yet these policies are unreadable, inconspicuous, and hard to understand. And, as I discuss in other scholarship, privacy notices are designed in ways that make their substance even...

A growing chorus of scholars, privacy professionals, and policymakers think that individual rights of control—rights to access, correct, and delete data, as well as rights to opt out of tracking and to humans in the loop of automated decision-making—are effective means of regulating the...

Scholars and commentators often argue that individuals do not care about their privacy, and that users routinely trade privacy for convenience. This ignores the cognitive biases and design tactics platforms use to manipulate users into disclosing information. This essay highlights some of those...

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is the first in a series of papers about first-person disclosures of information in the privacy and...

Design configures our relationship with a space, whether offline or online. In particular, the design of built online environments can constrain our ability to understand and respond to websites' data use practices or it can enhance agency by giving us control over information. Design,...

Privacy by design is about making privacy part of the conception and development of new data collection tools. But how should we interpret “privacy by design” as a legal mandate? As it transitions from an academic buzzword into binding law, privacy by design will, for the first time, impose...