Paul Schwartz

Kanye West may have broken the law by recording Taylor Swift call

Christopher Hoofnagle and Paul Schwartz quoted in The Guardian, July 19, 2016

“California is an ‘all-party consent’ wiretapping state. What that means is, even on things like a conference call, before you record it, you’re supposed to announce to everyone, ‘I’m going to record this call,’” said Chris Hoofnagle. … “There’s civil and criminal liability.”

Paul Schwartz … said Swift could also bring a “tort claim” alleging “public disclosure of private facts.”

The delayed revolution in digital financial services

Paul Schwartz writes for TechCrunch, April 9, 2016

Technology has transformed how we work, communicate and travel. In contrast, modern digital technology has not yet transformed financial services. Open data is the key to change in this sector of the economy.

Apple peels away at DOJ bid to unlock phones with NY win

Paul Schwartz quoted in Law360, March 1, 2016

“While the New York order is not directly binding outside this particular case, it does boost Apple because it undercuts the government’s argument that what is being requested in the San Bernardino case is minimal and unique by showing that these types of requests are being made all over the country,” said Paul Schwartz.

VW refuses to give American states documents in emissions inquiries

Paul Schwartz interviewed by The New York Times, Jan. 8, 2016

“In the E.U., data protection is a fundamental right that is in the European charter,” said Paul M. Schwartz. … The German federal constitutional court has also identified a right to “informational self-determination,” he said. Such laws are “real obstacles,” he said, adding, “Europeans really take privacy seriously.”

Navigating the cloud: key regulatory issues to know

Paul Schwartz and Behnam Dayanim write for Daily Journal (registration required), October 22, 2014

Most of the rest of the world regulates data privacy with a different approach than the United States. The dominant global model refers to “data protection” and follows the European Union’s approach to regulation of the use of personal information. This divergence has profound implications for the cloud.

Where privacy meets surveillance: economic drivers control

Paul Schwartz cited in Law Technology News, October 8, 2014

It’s a fair bet that when the Berkeley Center for Law Technology’s 7th Annual Privacy Lecture ended, its attendees took away some compelling insights into government surveillance cases they may be asked to argue. The lecture was moderated by Paul Schwartz, Jefferson E. Peyser professor of law at the University of California, Berkeley School of Law.