Privacy and Data Protection

What counts as a data breach, how the FTC polices unfair data practices, and whether police can scan your brain.

6:51

Brief

Defining a "Data Breach"

Why most security incidents are not legal breaches, and how data type, industry, and exfiltration matter.

6:06

Brief

FTC Act Section 5 Unfairness Balancing Test

Why a leading privacy scholar argues the FTC's unfairness test lets substantial consumer harm slip through.

4:54

Brief

Can the Police Require a Brain Scan?

Cognitive liberty, the Fourth and Fifth Amendments, and why today's fMRI needs a cooperative subject.