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Daily Archives: August 11, 2016

Friending the Privacy Regulators

McGeveran, William, Friending the Privacy Regulators (August 5, 2016). 58 Arizona Law Review, Forthcoming; Minnesota Legal Studies Research Paper No. 16-26. Available for download at SSRN: http://ssrn.com/abstract=2820683

“According to conventional wisdom, data privacy regulators in the European Union are unreasonably demanding, while their American counterparts are laughably lax. Many observers further assume that any privacy enforcement without monetary fines or other punishment is an ineffective “slap on the wrist.” This Article demonstrates that both of these assumptions are wrong. It uses the simultaneous 2011 investigation of Facebook’s privacy practices by regulators in the United States and Ireland as a case study. These two agencies reached broadly similar conclusions, and neither imposed a traditional penalty. Instead, they utilized “responsive regulation,” where the government emphasizes less adversarial techniques and considers formal enforcement actions more of a last resort. When regulators in different jurisdictions employ this same responsive regulatory strategy, they blur the supposedly sharp distinctions between them, whatever may be written in their respective constitutional proclamations or statute books. Moreover, “regulatory friending” techniques work effectively in the privacy context. Responsive regulation encourages companies to improve their practices continually, it retains flexibility to deal with changing technology, and it discharges oversight duties cost-efficiently, thus improving real-world data practices.”

NIST Updates Personal Identity Verification Guid

“NIST has recently expanded the flexibility and enhanced the security of Personal Identity Verification (PIV) credentials by updating the following guidelines: • Special Publication (SP) 800-156, Representation of PIV Chain-of-Trust for Import and Export, provides details regarding the use of chain -of -trust for import and export among PIV Card issuers. • SP 800-166, Derived… Continue Reading

A record 60.6 million Americans live in multigenerational households

“The number and share of Americans living in multigenerational family households has continued to rise, even though the Great Recession is now in the rear-view mirror. In 2014, a record 60.6 million people, or 19% of the U.S. population, lived with multiple generations under one roof, according to a new Pew Research Center analysis of… Continue Reading

Pay It Forward Investigating a Sustainable Model of Open Access Article Processing Charges for Large North American Research Institutions

University of California Libraries, June 30, 2016, Revised July 18, 2016. Pay It Forward Investigating a Sustainable Model of Open Access Article Processing Charges for Large North American Research Institutions “As the global open access movement continues to grow and evolve, the question of whether a wholesale shift of the scholarly journal publishing system to… Continue Reading