Paul Schwartz

Paul Schwartz Compares US and European Privacy Law

American Public Media, Marketplace, September 14, 2011 by John Moe

“In Europe, there is a comprehensive privacy law in each nation which requires that online privacy be protected. In the U.S., we regulate sector by sector, and there are notable gaps in protection. We have statutory protection for things like health care privacy, video privacy, credit card records. But there is no one law that protects online privacy. The exception for that is there is a Children’s Online Privacy Protection Act, but that only protects those who are 13 years or younger.”

Paul Schwartz, Christopher Hoofnagle React to Facebook’s Political Strategy

The New York Times, March 28, 2011 by Miguel Helft and Matt Richtel

Mr. Schwartz said Facebook seemed to have learned quickly that demands for regulation would pile up, not just from users and advocacy groups, but from competitors. “What they’re doing is pragmatic, and it’s pragmatic to do it sooner rather than later,” he said.

“The practical implication is it’s going to make it more difficult for advocates to convince members of Congress that Facebook presents a privacy problem,” said Chris Jay Hoofnagle…. “One of the big points is to show lawmakers that Facebook is important to their own campaigns,” Mr. Hoofnagle said. “Once that fact is established, Congress will not touch Facebook.”

Paul Schwartz Comments on Google’s Opt-Out Policy for Germany

The Christian Science Monitor, August 12, 2010 by Stephen Kurczy

Street View’s opt-out option, says Paul Schwartz of the Berkeley Center for Law & Technology in California, highlights how Web users can snoop without being snooped on. “The Golden Rule is not enforced or enforceable,” he says. “Google is not saying that since you’ve opted out, you can’t use [Street View] forever more. It allows people to become free riders.”

Paul Schwartz Wants Regulators to Stay Focused on Privacy Policies

BNA Electronic Commerce, November 11, 2009 by Amy E. Bivins

“Privacy notices make companies think about what their privacy practices are,” Schwartz said. “Policies also give privacy advocates an opportunity to examine business practices related to consumer information.”…When it comes to data-sharing between online services, transparency gains additional importance, he added.

Paul Schwartz Raises Privacy Concerns of Online Advertising

The New York Times, July 31, 2009 by Stephanie Clifford

Paul M. Schwartz, a law professor and privacy expert at the law school of the University of California, Berkeley, said the unwitting participation by consumers makes online marketing different from offline. “Interactive media really gets into this creepy Orwellian thing, where it’s a record of our thoughts on the way to decision-making,” he said. “We’re like the data-input clerks now for the industry.”

Paul Schwartz Scrutinizes Warrantless Wiretap Case

NPR, Morning Edition, June 4, 2009 by Martin Kaste

For almost three years, the Bush administration tried to quash the lawsuit, arguing that the wiretapping program was simply too secret for court. This is known as the state secrets privilege, and that usually is enough to convince a court to shut a case down. “The general attitude has been extremely deferential and has taken the government at its word, and has decided that if there are state secrets, then there’s state secrets,” Schwartz says.