Privacy Papers for Policy Makers

Privacy Papers 2016-17: Spotlight on the Winning Authors

Today, the Future of Privacy Forum announced the winners of the 7th Annual Privacy Papers for Policymakers (PPPM) Award. This Award recognizes leading privacy scholarship that is relevant to policymakers in the United States Congress, at U.S. federal agencies, and for data protection authorities abroad.

From a record number of nominated privacy-related papers published in the last year, five were selected by Finalist Judges, after having been first evaluated highly by a diverse team of academics, advocates, and industry privacy professionals from FPF’s Advisory Board. Finalist Judges and Reviewers agreed that these papers demonstrate a thoughtful analysis of emerging issues and propose new means of analysis that can lead to real-world policy impact, making them “must-read” privacy scholarship for policymakers.

THE WINNERS OF THE 2017 PPPM AWARD ARE:

Law Enforcement Access to Data Across Borders: The Evolving Security and Human Rights Issues

by Jennifer Daskal, Associate Professor, American University Washington College of Law

Jennifer Daskal is an Associate Professor of Law at American University Washington College of Law. She teaches and writes in the fields of criminal law, national security law, and constitutional law. From 2009-2011, Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice and, among other things, served on the Secretary of Defense and Attorney General-led Detention Policy Task Force. Prior to joining DOJ, she was the senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff. She spent two years before joining WCL’s faculty as a national security law fellow and adjunct professor at Georgetown Law Center.

Daskal is a graduate of Brown University, Harvard Law School, and Cambridge University, where she was a Marshall Scholar. Recent publications include The Un-Territoriality of Data, 326 Yale L.J. 326 (2015); Pre-Crime Restraints: The Explosion of Targeted, Non-Custodial Prevention, 99 Cornell L. Rev. 327 (2014); After the AUMF, 5 Harvard Nat’l Sec. L. J. 115 (2014) (co-authored with Steve Vladeck); and The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ‘Hot’ Conflict Zone, 171 Penn. L. Rev. 1165 (2013). Daskal has published op-eds in the New York Times, Washington Post, International Herald Tribune, L.A. Times, and Salon.com, and she has appeared on BBC, C-Span, CNN, MSNBC, and NPR, among other media outlets. She is an Executive Editor of and regular contributor to the Just Security blog.

Accountable Algorithms

by Joshua A. Kroll, CloudFlare; Joanna Huey, Princeton University; Solon Barocas, Princeton University; Edward W. Felten, Princeton University; Joel R. Reidenberg, Stanley D. and Nikki Waxberg Chair in Law, Fordham University School of Law; David G. Robinson, Upturn; and Harlan Yu, Upturn

Joshua Kroll is a Systems Engineer focusing on security and encryption while building a better Internet at CloudFlare. Prior to joining CloudFlare, he completed a PhD in Computer Science in the Security Group at Princeton University, which is an important part of Computer Science history. This dissertation on Accountable Algorithms was advised by Edward W. Felten and supported by the Center for Information Technology Policy where Joshua studied many topics in security, privacy, and how technology informs policy decisions.

More information on Joshua and his co-authors coming soon!

The Privacy Policymaking of State Attorneys General

by Danielle Keats Citron, Professor of Law, University of Maryland Carey School of Law

Danielle Keats Citron is the Morton & Sophia Macht Professor of Law at the University of Maryland Francis King Carey School of Law. Her work focuses on information privacy, cyber law, automated systems, and civil rights. She received the 2005 “Teacher of the Year” award.

Professor Citron is the author of Hate Crimes in Cyberspace (Harvard University Press 2014). Cosmopolitan and Harper’s Bazaar nominated her book as one of the “Top 20 Best Moments for Women” in 2014; Boston University Law Review held an online symposium on her book in 2015. Her current work focuses on the privacy policymaking of state attorneys general. Professor Citron’s scholarship has appeared, or is forthcoming, in Boston University Law Review (twice), California Law Review, George Washington Law Review, Hastings Law Journal, Michigan Law Review (twice), Minnesota Law Review, Notre Dame Law Review, Southern California Law Review, Washington University Law Review, Washington Law Review (twice), Washington & Lee Law Review, U.C. Davis Law Review, and others. Her opinion pieces have been featured in The Atlantic, New York Times, TIME, CNN, Guardian UK, New Scientist, and Slate. She has appeared on National Public Radio, HBO’s John Oliver Show and the New York Times video series. She is a technology contributor at Forbes.com and a member of Concurring Opinions.

Privacy of Public Data 

(Link to full paper forthcoming)

by Kirsten Martin, Assistant Professor of Strategic Management & Public Policy, George Washington University School of Business; and Helen Nissenbaum, Professor, Media, Culture, and Communication & Computer Science, New York University

Kirsten Martin is an assistant professor of strategic management & public policy at the George Washington University’s School of Business. She is the principle investigator on a three-year grant from the National Science Foundation to study online privacy. Martin is also a member of the advisory board of the Future Privacy Forum and the Census Bureau’s National Advisory Committee for her work on privacy and the ethics of “big data.” Martin has published academic papers in Journal of Business Ethics, First Monday, Business and Professional Ethics Journal, and Ethics and Information Technology and is co-author of the textbook Business Ethics: A managerial approach. She has written teaching cases for the Business Roundtable Institute for Corporate Ethics including cases on Google in China as well as Bailouts and Bonuses on the financial crisis. She is regularly asked to speak on privacy and the ethics of big data.

Martin earned her BS in engineering from the University of Michigan and her MBA and PhD from the University of Virginia’s Darden Graduate School of Business. Her research interests center on online privacy, corporate responsibility, and stakeholder theory.

Before beginning her academic career, Martin worked at Sprint Telecommunications developing corporate strategy and Internet solutions. She also provided information system consulting services for Anderson Consulting (currently Accenture) to clients in the coal, pharmaceutical, telecommunication, and oil and gas industries.

Helen Nissenbaum is Professor of Media, Culture, and Communication, and Computer Science, at New York University, where she is also Director of the Information Law Institute. Her eight books include Obfuscation: A User’s Guide for Privacy and Protest, with Finn Brunton (MIT Press, 2015), Values at Play in Digital Games, with Mary Flanagan (MIT Press, 2014), and Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford, 2010). Her research has been published in journals of philosophy, politics, law, media studies, information studies, and computer science. Grants from the National Science Foundation, Air Force Office of Scientific Research, and the U.S. Department of Health and Human Services Office of the National Coordinator have supported her work on privacy, trust online, and security, as well as studies of values embodied in design, search engines, digital games, facial recognition technology, and health information systems.

Recipient of the 2014 Barwise Prize of the American Philosophical Association, Prof. Nissenbaum has contributed to privacy-enhancing software, including TrackMeNot (for protecting against profiling based on Web search) and AdNauseam (protecting against profiling based on ad clicks). Both are free and freely available.

Nissenbaum holds a Ph.D. in philosophy from Stanford University and a B.A. (Hons) from the University of the Witwatersrand. Before joining the faculty at NYU, she served as Associate Director of the Center for Human Values at Princeton University.

Privacy and Data Security Harms 

(Link to full paper forthcoming)

by Daniel Solove, Professor of Law, George Washington University Law School; and Danielle Citron, Professor of Law, University of Maryland Carey School of Law

Daniel J. Solove is the John Marshall Harlan Research Professor of Law at the George Washington University Law School. He is also the founder of TeachPrivacy, a company that provides privacy and data security training programs to businesses, schools, healthcare institutions, and other organizations. An internationally-known expert in privacy law, Solove has been interviewed and quoted by the media in several hundred articles and broadcasts, including the New York Times, Washington Post, Wall Street Journal, USA Today, Chicago Tribune, the Associated Press, ABC, CBS, NBC, CNN, and NPR.

He has written numerous books including Nothing to Hide: The False Tradeoff Between Privacy and Security (Yale 2011), Understanding Privacy (2008), The Future of Reputation: Gossip, Rumor, and Privacy on the Internet (Yale 2007), and The Digital Person: Technology and Privacy in the Information Age (NYU 2004). He has also written several textbooks including Information Privacy Law (Aspen, 5th ed. 2015), Privacy Law Fundamentals (IAPP, 3d ed. 2015), Privacy and the Media (Aspen, 2d ed. 2015), Privacy, Law Enforcement, and National Security (Aspen, 1st ed. 2015), Consumer Privacy and Data Protection (Aspen, 1st ed. 2015), and Privacy, Information, and Technology (Aspen Publishing, 3rd ed. 2012). All of these books were co-authored with Paul M. Schwartz.

Additionally, Professor Solove has written more than 50 law review articles in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, NYU Law Review, Michigan Law Review, U. Pennsylvania Law Review, U. Chicago Law Review, California Law Review, Duke Law Journal, and many others. He has also written shorter works for Wired, Scientific American, the Washington Post, and several other magazines and periodicals.

Danielle Keats Citron is the Morton & Sophia Macht Professor of Law at the University of Maryland Francis King Carey School of Law. Her work focuses on information privacy, cyber law, automated systems, and civil rights. She received the 2005 “Teacher of the Year” award.

Professor Citron is the author of Hate Crimes in Cyberspace (Harvard University Press 2014). Cosmopolitan and Harper’s Bazaar nominated her book as one of the “Top 20 Best Moments for Women” in 2014; Boston University Law Review held an online symposium on her book in 2015. Her current work focuses on the privacy policymaking of state attorneys general. Professor Citron’s scholarship has appeared, or is forthcoming, in Boston University Law Review (twice), California Law Review, George Washington Law Review, Hastings Law Journal, Michigan Law Review (twice), Minnesota Law Review, Notre Dame Law Review, Southern California Law Review, Washington University Law Review, Washington Law Review (twice), Washington & Lee Law Review, U.C. Davis Law Review, and others. Her opinion pieces have been featured in The Atlantic, New York Times, TIME, CNN, Guardian UK, New Scientist, and Slate. She has appeared on National Public Radio, HBO’s John Oliver Show and the New York Times video series. She is a technology contributor at Forbes.com and a member of Concurring Opinions.

The Finalist Judges also selected four papers for Honorable Mention on the basis of their uniformly strong reviews from the Advisory Board.

THE 2017 PPPM HONORABLE MENTIONS ARE:

• Biometric Cyberintelligence, by Professor Margaret Hu, Washington & Lee University School of Law
• Ambiguity in Privacy Policies and the Impact of Regulation, by Professors Joel Reidenberg, Fordham University School of Law, Jaspreet Bhatia, Carnegie Mellon University, Travis Breaux, Carnegie Mellon University, and Thomas B. Norton, Fordham University
• Data-Driven Discrimination at Work, by Professor Pauline Kim, Washington University in Saint Louis School of Law
• Friending the Privacy Regulators, by Professor William McGeveran, University of Minnesota Law School

The winning authors have been invited to join FPF and Congressional Privacy Caucus Honorary Co-Hosts Senator Edward J. Markey, Congressman Joe Barton, and Congresswoman Diana DeGette, to present their work at the U.S. Senate with policymakers, academics, and industry privacy professionals. This annual event will be held on January 11, 2017, the day before the Federal Trade Commission’s PrivacyCon. FPF will subsequently publish a printed digest of summaries of the winning papers for distribution to policymakers, privacy professionals, and the public. To RSVP, please visit privacypapers.eventbrite.com.