Research & Publications

Program on Data and Governance

Dennis Hirsch, Brian Ray, and Keir Lamont

Promoting Better Cybersecurity: An Analysis of the Ohio Data Protection Act (March 2019)

The Moritz College of Law’s Program on Data and Governance, in collaboration with the Cleveland-Marshal University Center for Cybersecurity and Privacy Protection,  published a White Paper titled, Promoting Better Cybersecurity: An Analysis of the Ohio Data Protection Act. This paper provides the first comprehensive analysis of Ohio’s innovative Data Protection Act, a law that seeks to incentivize better cybersecurity among companies doing business in Ohio.

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 and the Risk Institute at the Fisher College of Business.

Dennis Hirsch
To solve the privacy problem think big (data), The Hill (2018)

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

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

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

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

A Prospect Theory of PrivacyIdaho Law Review (2015)

The Anonymous InternetMaryland Law Review (2012)

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

Coming to Terms with Secret Law, Harvard National Security Journal (2015)

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

Efthimios Parasidis

A Belmont Report for Data, New England Journal of Medicine (2019)

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
Big Data, Machine Judges, and the Legitimacy of the Criminal Justice System, UC Davis Law Review (2018)

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