Deep Dive Episode 234 - Dobbs and the Potential Implications for Data Privacy
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
The Supreme Court’s recent abortion decision in Dobbs v. Jackson Women’s Health Organization will no doubt have many ramifications. One of the more unusual questions is the impact that Dobbs might have on data privacy. It has long been the case, for example, that cell phone location data can be used to identify certain personal behavior patterns, such as routine attendance at church. Some are now concerned that location data may be used to identify pregnant women by the locations they visit – potentially exposing them to civil or criminal charges as the underlying substantive abortion law changes. Other women are deleting period tracking apps from their phones for much the same reason. In this podcast, experts explore and debate these issues.
Featuring:
Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
*******
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Partner, Steptoe & Johnson LLP
Stewart Baker is a partner in the law firm of Steptoe & Johnson in Washington, D.C. From 2005 to 2009, he was the first Assistant Secretary for Policy at the Department of Homeland Security. His law practice covers cybersecurity, data protection, homeland security, and travel and foreign investment regulation; he has been awarded one patent.
Mr. Baker has been General Counsel of the National Security Agency and General Counsel of the commission that investigated WMD intelligence failures prior to the Iraq war. He is the author of Skating on Stilts, a book on terrorism, cybersecurity, and other technology issues; he also hosts the weekly Cyberlaw Podcast.
Professor of Law and Journalism, University of Florida
Professor Jane Bambauer is the Brechner Eminent Scholar at the Levin College of Law and at the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law.
Professor Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Professor Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. Her work has also been featured in media outlets, including the Washington Post, the New York Times, Fox News, and Lawfare, where she is a contributing editor.
Professor Bambauer currently serves as the Chair of the National AI Advisory Committee Subcommittee on Law Enforcement, and she has previously served as the deputy director of the Center for Quantum Networks, a multi-institutional engineering research center funded by the National Science Foundation. She holds a B.S. in Mathematics from Yale College and a J.D. from Yale Law School.
Jefferson Scholars Foundation Schenck Distinguished Professor in Law and Caddell and Chapman Professor of Law, University of Virginia School of Law
Danielle Citron is the Jefferson Scholars Foundation Schenck Distinguished Professor in Law and Caddell and Chapman Professor of Law at UVA, where she writes and teaches about privacy, free expression and civil rights. Her scholarship and advocacy have been recognized nationally and internationally. In 2019, Citron was named a MacArthur Fellow based on her work on cyberstalking and intimate privacy. In 2018, she received the UMD Champion of Excellence award and in 2015, the United Kingdom’s Prospect Magazine named her one of the Top 50 World Thinkers and The Daily Record named her one of the Top 50 Most Influential Marylanders. She serves as the inaugural director of the school’s LawTech Center, which focuses on pressing questions in law and technology.
Her latest book, “The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age” (W.W. Norton and Penguin Vintage UK), will be out in October 2022. Her first book, “Hate Crimes in Cyberspace” (Harvard University Press, 2014), was widely praised in published reviews, discussed in blog posts and named one of the 20 Best Moments for Women in 2014 by the editors of Cosmopolitan magazine. She has published more than 50 articles and essays, including in the Yale Law Journal, Michigan Law Review, California Law Review, Boston University Law Review, Washington University Law Review, Emory Law Journal, Southern California Law Review, Texas Law Review, and many more, which have won professional awards from the International Association of Privacy Professionals and privacy think tank Future of Privacy, and been cited by state and federal courts. She has written more than 50 opinion pieces for major media outlets, including the New York Times, the Washington Post, the Atlantic, the Guardian, Time, CNN and Slate.
For the past decade, Citron has worked with lawmakers, law enforcement and tech companies to combat online abuse and to protect intimate privacy. In June 2019, she testified before Congress about the national security and privacy risks of deepfakes. She has been involved in reform efforts around the regulation of online platforms. In October 2019, she testified before Congress about Section 230 of the Communications Decency Act. From 2014 to 2016, Citron served as an advisor to then-California Attorney General Kamala Harris and as a member of Harris’ Task Force to Combat Cyber Exploitation and Violence Against Women. In 2011, Citron testified about misogynistic cyber hate speech before the Inter-Parliamentary Committee on Anti-Semitism at the House of Commons in the United Kingdom. Since 2011, she has been a member of Facebook’s Non-Consensual Intimate Imagery Task Force and an adviser and a member of Twitter’s Trust and Safety Task Force and as an adviser to the company since 2009. She is an adviser to the dating app Bumble, the music streaming service Spotify, and video sharing platform TikTok.
Citron is the vice president of the Cyber Civil Rights Initiative, a nonprofit devoted to fighting for civil rights and liberties in the digital age founded in 2013 and named after her article “Cyber Civil Rights.” She is the chair of the board of directors of the Electronic Privacy Information Center and serves on the board of directors of the Future of Privacy, as well as on the Advisory Board of the Anti-Defamation League’s Center on Technology and Society and the Center on Investigative Journalism. In 2020, she received a $75,000 grant from the Knight Foundation to study the salutary impact of intimate privacy laws on victims, a project that she is co-leading with Canadian academic Jon Penney.
Citron is an affiliate scholar at the Stanford Center on Internet and Society, Yale Information Society Project, and NYU’s Policing Project. As a member of the American Law Institute, she serves as an adviser to the Restatement Third, Information Privacy Principles Project and Restatement (Third) Torts: Defamation and Privacy.
Citron has appeared on film and television (HBO’s “Vice News,” HBO’s “Last Week Tonight with John Oliver,” Hulu’s “The Weekly,” “Netizens,” and HBO’s “Swiped”); quoted in hundreds of news articles, interviewed on National Public Radio; appeared on podcasts for The New York Times, Slate, Lawfare, The Guardian and The Boston Globe; and given a TED talk, “How Deepfakes Undermine Truth and Democracy,” at the 2019 TED Global Summit. Her TED talk has been viewed more than 3.4 million times. She has given more than 300 talks at major universities, federal and state agencies, the National Holocaust Museum, the Wikimedia Foundation, the National Association of Attorneys General, and think tanks.
Before joining UVA Law, Citron taught at Boston University School of Law and the University of Maryland School of Law. She has been a visiting professor at Fordham Law School and George Washington Law School. In 2016, she was a Dean’s Distinguished Visitor at Washington University School of Law and an interdisciplinary studies fellow at the University of Massachusetts at Amherst.
Professorial Lecturer in Law, The George Washington University
Paul Rosenzweig is an accomplished writer and speaker with a national reputation in cyber security and homeland security. He is the founder of Red Branch Consulting PLLC, a homeland security consulting company. He is also a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security.
He is a Professorial Lecturer in Law at George Washington University, and a Senior Fellow in the Tech, Law & Security Program at the American University, Washington College of Law. He serves as an advisor to and former member of the American Bar Association Standing Committee on Law and National Security, and a Contributing Editor of the Lawfare blog. He is a member of the ABA Cybersecurity Legal Task Force and of the United States Court of Appeals for the District of Columbia Circuit Advisory Committee on Admissions and Grievances. He serves, as well, as a Hearing Committee Member of the District of Columbia Board of Professional Responsibility. In 2011 he was a Carnegie Fellow in National Security Journalism at the Medill School of Journalism, Northwestern University.
Mr. Rosenzweig is a cum laude graduate of the University of Chicago Law School. He has an M.S. in Chemical Oceanography from the Scripps Institution of Oceanography, University of California at San Diego and a B.A from Haverford College. Following graduation from law school he served as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Eleventh Circuit.
He is the author of Cyber Warfare: How Conflicts in Cyberspace are Challenging America and Changing the World and of three video lecture series from The Great Courses, Thinking About Cybersecurity: From Cyber Crime to Cyber Warfare; The Surveillance State: Big Data, Freedom, and You; and Investigating American Presidents.
He is the co-author (with James Jay Carafano) of Winning the Long War: Lessons from the Cold War for Defeating Terrorism and Preserving Freedom and co-editor (with Jill D. Rhodes and Robert S. Litt) of the Cybersecurity Handbook (3rd ed.). He is also co-editor (with Timothy McNulty and Ellen Shearer) of two books, Whistleblowers, Leaks and the Media: The First Amendment and National Security, and National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers. Mr. Rosenzweig is a member of the Literary Society of Washington.