In the News

Kenneth Bamberger in the news:

Apple v. FBI: Just one battle in the ‘Design Wars’

Deirdre Mulligan and Kenneth Bamberger write for, March 18, 2016

These wars will determine how American society weighs, layers and protects a range of important priorities, including privacy, national security, consumer security, free speech, intellectual property, and innovation.

Poor privacy controls in the US

Kenneth Bamberger interviewed by Dutch National Public Radio, Oct. 28, 2015

“Privacy regimes in both the European Union and the United States don’t deliver what they promise. They both need to be strengthened. The E.U. has a long way to go, as well.”

Berkeley events examine impact of Nuremberg trials

Kenneth Bamberger quoted in Daily Journal (registration required), April 28, 2015

The event, which kicked off Monday, comes at a “profoundly relevant time” because the last remaining Holocaust survivors and Nazis will likely all be dead within a decade, said Kenneth Bamberger. … “Soon there will be physically no one left to talk about this major crime.”

Georgetown Law Center aims to bridge the gap between technologists and privacy lawyers

Deirdre Mulligan and Kenneth Bamberger cited in The Privacy Advisor, July 23, 2014

“There’s an enormous interest … to really learn not just privacy law on the books but, as Deirdre Mulligan and Kenneth Bamberger would say, ‘privacy on the ground.’”

Supreme Court’s Hobby Lobby ruling elicits range of Berkeley reactions

Kenneth Bamberger quoted in The Daily Californian, July 2, 2014

“The decision goes to suggest that a corporation could claim they don’t believe in medical intervention and deny medical care to employees,” Bamberger said. “Corporations might say they aren’t going to follow the health care and equality laws that oppose their religious beliefs.”

Ruling on Google search highlights privacy rift

Kenneth Bamberger interviewed on Marketplace Morning Report, May 14, 2014

In the U.S., what’s stronger is “a commitment to free speech, free communication, free content, which very often has deleterious effects for individuals’ privacy,” says Ken Bamberger, a professor of law at UC Berkeley, who says much of the disagreement is rooted in tradition.

Supreme Court protects free speech selectively

Jesse Choper and Kenneth Bamberger quoted in San Francisco Chronicle, April 11, 2014

Jesse Choper, a constitutional law professor at UC Berkeley and a self-described moderate, said the court’s free-speech priorities seem skewed. “Protecting dissidents is more central to the First Amendment’s free-speech clause than simply offensive speech,” because a diversity of opinions promotes democracy, he said.

Another Berkeley law professor, Kenneth Bamberger, said the court has been unsympathetic to free speech “where the government is acting as the authority.”

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.”

More grant money for Jewish studies institute at Berkeley

Kenneth Bamberger quoted in jWeekly, September 19, 2013

“This tremendous gift will support the institute’s goals of reaching more students and faculty, offering more programming, and transitioning from a ‘startup’ to a permanent institution at U.C. Berkeley,” said Kenneth Bamberger…. “We are extremely grateful for the vision and support of the four foundations.”

A similar story also ran in eJewish Philanthropy, Jewish Journal, and more.

Putting the world to rights: best practice or box ticking?

Kenneth Bamberger quoted in DataIQ, Summer 2013 (registration required)

“It seemed to me and my colleagues that what hamstrings privacy discussions was ignorance about what really happens on the ground. Most research has focused on what is on the books, like the various statutes and regulations in the US and the Directive in the EU,” he says. This has created a contrast between the advice provided by law firms advising corporations and the way chief privacy officers, such as the members of IAPP, actually practice. “We began to interview those CPOs as a means of seeing what is going on and how they enact privacy,” said Bamberger.

Filling an ‘appetite for Jewish learning’

Kenneth Bamberger quoted in jWeekly, April 11, 2013

Bamberger says he and supporters of the institute are looking ahead to collaborations with various academic departments at U.C. Berkeley and to forging relationships between U.C. Berkeley and Israeli universities. “We are at a crucial turning point,” said Bamberger. “At this moment our capacity is expanding considerably. There is a lot of appetite for Jewish learning.”

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.

Berkeley professor called Hessian historian a hero

Kenneth Bamberger quoted in RG-Box News, May 23, 2012

“The work of Hanno Müller in Steinbach and of Helma Kilian in Gambach is critical in the fulfillment of the promise: that the lesson of the Holocaust must never be forgotten and that we never go back to the path of such brutality and hatred.”

Kenneth Bamberger Lauds Campus Israel Studies Program

Jerusalem Report, September 7, 2011 by Jan Jaben-Eilon

Clearly excited by the flourishing programs on the Berkeley campus, law professor Kenneth A. Bamberger tells The Report, “One thing we know how to do well at Berkeley is to talk about controversial subjects. That’s what academic institutions should be doing best.”

Kenneth Bamberger Explains Relevance of Jewish Law Study

Daily Journal, May 17, 2011 by Sara Randazzo (registration required; go to H:\Law School in the News\In the News 2011\News Clips for article)

Studying Jewish law is relevant today, Bamberger said, because in many ways, it can be seen as a code of ethics governing interactions between people. “On top of that is a rich set of laws dealing with the entire spectrum of what we think law is about, from torts to contracts to copyrights to property,” he said. “It expands how one might think about acting in every context of life.”

Kenneth Bamberger Welcomes Israeli Justice Dalia Dorner

jWeekly, April 14, 2011 by Dan Pine

She visited the Bay Area last week to give the keynote speech at the opening of U.C. Berkeley Law’s newly launched Institute for Jewish Law and Israeli Law, Economy and Society. She was impressed with the institute, saying it will “provide a valuable resource to Americans interested in the study of Israeli and Jewish law, and will be a podium in which legal developments in Israeli law can be heard internationally.”