In the News


Deirdre Mulligan in the news:



White house big data report changes conversation, but vagueness worries some

Deidre Mulligan quoted in Washington Internet Daily, May 2, 2014 (subscription required)

It’s a notable shift, said privacy advocates and academics in interviews and statements. Notice and choice “has failed as an organizing framework” for the big data discussion, said Berkeley Law professor Deirdre Mulligan…. With this report, the White House is now “talking about a broader surveillance culture,” with discrimination and fairness at the center, she said.


FTC’s role and ECPA update are highlights of final White House big data workshop

Kenneth Bamberger and Deirdre Mulligan quoted in Washington Internet Daily, April 2, 2014 (registration required)

To date, the legal view of “harm” is financially focused, said Berkeley School of Law professor Kenneth Bamberger, but “most of the things we’ve been talking about today go far beyond that.”… Omnipresent data collection raises harms not addressed by law, such as “harms to dignity” and “harms to equity,” he said.

“Shouldn’t the government help “shape things proactively” by “getting people in on the ground floor when you’re designing a system” to inculcate privacy? Mulligan asked.


Why is the US on the defensive?

Kenneth Bamberger and Deirdre Mulligan cited in The Privacy Advisor, March 24, 2014

The only reasonably thorough study comparing actual EU and U.S. privacy levels was conducted in 2006…. It’s about to be joined by Privacy on the Ground: Governance Choices and Corporate Practice in the U.S. and Europe, by Kenneth Bamberger and Deirdre Mulligan, who, after extensive study, also seem to believe it is not a foregone conclusion that the EU has the superior regime.

 


Proposition: EU Regulation with US Penalties

Kenneth Bamberger and Deirdre Mulligan’s work cited in The Privacy Advisor, March 5, 2014

The scholarship of Bamberger and Mulligan … portends a watershed moment for privacy professionals. It argues that two emergent best practices—the rise of chief privacy officers who are integrated into the C-suite and privacy professionals embedded throughout an organization, from compliance to marketing and beyond—are a huge part of the solution, on both sides of the Atlantic.


The US–EU privacy debate: conventional wisdom is wrong

Kenneth Bamberger and Deidre Mulligan quoted in Privacy Perspectives, March 4, 2014

Indeed, one fascinating lesson from the Bamberger and Mulligan scholarship is that the development of privacy in the U.S. “has been positively shaped by the incomplete, and comparatively late, institutionalization of privacy governance, in that it has allowed dynamism and adaptability in the face of rapid changes in the use and treatment of personal data.”


Are Google, Yahoo, and Microsoft living up to their promises in China?

Deirdre Mulligan quoted in TIME Technology & Media, January 8, 2014
Deirdre Mulligan, a law professor at University of California at Berkeley who focuses on technology and who is a G.N.I. member, said that she hoped more companies would eventually join the program beyond the three that took part in the assessment…. “You have to start somewhere,” she said. “While it’s only three companies, they have an inordinate reach across the globe.”


Is Sacramento the world’s capital of Internet privacy regulation?

Paul Schwartz, Deirdre Mulligan, Chris Hoofnagle quoted in Forbes TECH blog, January 6, 2014
Paul [Schwartz] explained that the state-federal dialogue has broken down because the current Congress is gridlocked. Meanwhile, California continues enacting “a tidal wave of California privacy laws.” He cautioned against waiting for a “federal Godot,” i.e., expecting Congress to reengage productively on privacy regulation.

Deirdre Mulligan … praised California’s long reputation for privacy leadership. She said regulators outside California look to California as a laboratory of experimentation, and those experiments have ripple effects across the globe.

Chris Hoofnagle … said notice-and-choice is based on rational choice theory, but consumers don’t always act rationally…. He believes consumers see the words “privacy policies” as seals, i.e., certifications of minimum protections. He favors correcting this by establishing minimum substantive legal standards for anyone who uses the term “privacy policy.”


Privacy laws can create opportunities, limitations, California lawmakers advised

Deirdre Mulligan and Paul Schwartz quoted in Bloomberg BNA , December 16, 2013

“Privacy rules don’t necessarily erode innovation. Sometimes they’re the fabric of it,” said Deirdre Mulligan, co-director of the University of California Berkeley School of Law Center for Law & Technology.

The ‘California Effect’ is how what California does ripples across the nation and the world, said Paul Schwartz…. “The California Effect is typically the first stage. It would be followed by action in D.C.,” which Schwartz said has been lacking. “The question becomes in absence of action in D.C., what should we do?” he asked. The question is whether “to act or not to act” in the world’s ninth largest economy.


Why travel suppliers should ‘spy’ on their customers

Deirdre Mulligan quoted in USA Today, November 25, 2013

Talk with information experts, and they’ll tell you that surveilling customers just to raise profits is ethically troublesome. Instead, companies should do it for the benefit of guests, says Deirdre Mulligan, who teaches courses on information technology and law at the University of California at Berkeley. The data collection has to be “properly disclosed and agreed to,” she says.


NSA surveillance reflects a broader interpretation of the Patriot Act

Deirdre Mulligan quoted in MIT Technology Review, June 7, 2013

Deirdre Mulligan … is also worried, and she’s not the only one. She attended the Privacy Law Scholars Conference at UC Berkeley on Friday and says the feeling was “morose.” “I think this revelation makes clear there was a cost to not having a more detailed conversation and public decision about the balances between democracy and policing,” she says.


NSA surveillance reflects a broader interpretation of the Patriot Act

Deirdre Mulligan quoted in MIT Technology Review, June 7, 2013

Deirdre Mulligan … is also worried, and she’s not the only one. She attended the Privacy Law Scholars Conference at UC Berkeley on Friday and says the feeling was “morose.” “I think this revelation makes clear there was a cost to not having a more detailed conversation and public decision about the balances between democracy and policing,” she says.


The modern privacy function: balancing strategy with the operational

Deirdre Mulligan and Kenneth Bamberger write for Privacy Perspectives, April 8, 2013

Our research looking at the work of privacy officers in U.S. federal agencies found that injecting privacy into strategic organizational deliberations drives home the perception that privacy is a policy decision with unavoidable connections to politics and impact—for better and for worse—on the bottom line.


Operationalizing privacy: how empowered is your privacy office?

Deirdre Mulligan and Kenneth Bamberger write for Privacy Perspectives, February 27, 2013

What level of independence and authority do privacy officers need so that they can embed a value as complicated as privacy—at times in tension with a whole host of bottom-line commitments, from identifying terrorists to placing effective ads —into a complex organization? …. We are engaged in research involving almost one hundred interviews of leading privacy officers, regulators and other privacy professionals in the U.S. and four European countries—Germany, France, Spain and the UK—to find answers to these questions grounded in the actual experience of privacy professionals.


Deirdre Mulligan, Kenneth Bamberger Co-Author Privacy Paper

Stanford Center for Internet and Society, March 4, 2011 by Omer Tene
http://cyberlaw.stanford.edu/node/6629

I find the Deirdre Mulligan and Kenneth Bamberger paper, Privacy on the Books and on the Ground, eye opening in this respect. In what is surely one of the most important and influential papers on privacy over the past decade, the authors identify stark differences between the development of the profession on both sides of the Atlantic.


Kenneth Bamberger and Deirdre Mulligan Examine Privacy Law and Practice

-Center for American Progress, January 28, 2011 by Peter Swire
http://www.americanprogress.org/issues/2011/01/privacy_office.html

Much as is occurring this year, the FTC and Commerce Departments played complementary roles in the mid- to late-1990s in developing privacy policy…. The history of the FTC’s involvement in this period has been well discussed in work by Kenneth Bamberger and Deirdre Mulligan.

-Stanford Center for Internet and Society, February 4, 2011 by Omer Tene
http://cyberlaw.stanford.edu/node/6609

For those interested in the development of the privacy profession, the role of the CPO (Chief Privacy Officer), and integration of privacy into corporate governance structures, I highly recommend a recent article by Ken Bamberger and Deirdre Mulligan of Berkeley.


Deirdre Mulligan Says Facebook Must Drill Privacy into Its Technology

The New York Times, October 18, 2010 by Miguel Helft
http://www.nytimes.com/2010/10/19/technology/19facebook.html?_r=1&scp=5&sq=Berkeley&st=nyt

“This is one more straw on the camel’s back that suggests that Facebook needs to think holistically not just about its privacy policies, but also about baking privacy into their technical design,” said Deirdre Mulligan.


Kenneth Bamberger and Deirdre Mulligan Write Influential Privacy Paper

Chronicle of Data Protection, September 15, 2010 by Eric Bukstein
http://bit.ly/97pSWN

The Future of Privacy Forum (FPF) announced the papers that were selected as “privacy papers for policy makers” …. These works were deemed by the FPF to be the recent scholarship dealing with privacy issues that will prove most useful to policy makers. The papers that were selected are: Privacy on the Books and on the Ground—Kenneth A. Bamberger and Deirdre K. Mulligan….


Deirdre Mulligan Calls Internet a Powerful Platform for Democracy

San Francisco Chronicle, July 4, 2010 by Jim Dempsey and Deirdre K. Mulligan
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/04/INAP1E6UCI.DTL

In the early days of the Internet, policymakers, advocates, companies and coalitions built a policy architecture to steer the technology toward democratic ends. These policy choices embodied the principles of openness, innovation, interconnection, nondiscrimination, user control, freedom of expression, privacy and trust. It is this symbiosis of technology and policy that produced a platform on which individuals across the globe exercise their democratic muscles.


Kenneth Bamberger and Deirdre Mulligan Advocate for Multi-Stakeholder Privacy Policies

National Telecommunications and Information Administration, April 29, 2010 by Lawrence E. Strickling
http://www.ntia.doc.gov/presentations/2010/InternetSociety_04292010.html

As privacy scholars Deirdre Mulligan and Ken Bamberger (University of California, Berkeley I-School and Law School) recently wrote, this type of dynamic, hybrid system in which both private and public stakeholders participate may well yield actual privacy practices that are more responsive to evolving consumer privacy expectations than would a traditional rulemaking system.


Deirdre Mulligan Criticizes Google Buzz Privacy Controls

The New York Times, February 12, 2010 by Miguel Helft
http://www.nytimes.com/2010/02/13/technology/internet/13google.html

“You want to have a simple rollback mechanism, so once things are not what you expected them to be, you can get out quickly and not have to play a game of Whack-a-Mole,” said Deirdre Mulligan, a privacy expert and assistant professor at the School of Information at the University of California, Berkeley.