Research & Publications

Program on Data and Governance
The Age of the Cyberpro, prepared for the International Association of Privacy Professions (October, 2017)

Corporate Management of Big Data Analytics: An Interdisciplinary Analysis
The information society and big data analytics present significant opportunities for businesses to improve efficiency, make more informed decisions, and predict market trends and customer preferences. However, such tools can also invade privacy or produce unfair, or even biased results, threatening damage to individuals and to corporate reputation and values. Through interviews with leading corporate privacy, risk, and data ethics officers, as well as a broader survey, this ongoing interdisciplinary research project seeks to unravel: (1) How companies define big data risk? (2) What motivates companies to manage big data risk? (3) What strategies and processed are companies employing to manage big data risk? (4) Which management approaches are proving most effective?
Research Sponsors: The Translational Data Analytics Institute and the Moritz College of Law. Additional support provided by Facebook.

Dennis Hirsch
Privacy, Public Goods, and the Tragedy of the Trust Commons: A Response to Professors Fairfield and Engel, 65 Duke Law Journal Online 67-93 (2016)

Big Data Sustainability: An Environmental Management Systems Analogy, 72 Wash. & Lee L. Rev. Online 406 (2016)

That’s Unfair! Or Is It? Big Data, Discrimination and the FTC’s Unfairness Authority, 103 Kentucky Law Journal (2015)

Bryan Choi
For Whom the Data Tolls: A Reunified Theory of Fourth and Fifth Amendment Jurisprudence
, 37 Cardozo Law Review 185 (2015)

A Prospect Theory of Privacy, 51 Idaho Law Review 623 (2015)

The Anonymous Internet, 72 Maryland Law Review 501 (2012)

Dakota Rudesill
Classified Legislation: Tracking Congress’s Library of Secret Law, LAWFARE, May 19, 2016

Coming to Terms with Secret Law, 7 HARV. NAT. SEC. J. 241 (2015)

The Deep Web and the Darknet: A Look Inside the Internet’s Massive Black Box (Stimson Center, 2015) (with Daniel Sui & James Caverlee)

Peter Shane
The NSA and the Legal Regime for Foreign Intelligence Surveillance, I/S: A Journal of Law and Policy for the Information Society (2014)

Cybersecurity: Toward a Meaningful Policy Framework, Texas Law Review (2013)

Ric Simmons
Quantifying Criminal Procedure: How to Unlock the Potential of Big Data in the Criminal Justice System, Michigan State Law Review (2016)