Florencia Marotta-Wurgler, Omri Ben-Shahar and Oren Bar-Gill | April 27, 2017 | Consumer Contracts
This post is a presentation of information found in the Discussion Draft of the Consumer Contracts project. This will be presented at the 2017 Annual Meeting for discussion only. Section 2, Adoption of Standard Contract Terms, is based on three fundamental...
Omri Ben-Shahar | April 10, 2017 | Consumer Contracts
Reporter Omri Ben-Shahar discusses the scope of the project and the asymmetry in information, sophistication, and stakes between the parties to these contracts that the Restatement must consider. SHARE Tags: Consumer Protection, Contract Omri Ben-Shahar Reporter,...
Orin S. Kerr | December 9, 2016 | Data Privacy, Sentencing
This article argues that the existing regime for sentencing violations of the Computer Fraud and Abuse Act (“CFAA”) is based on a conceptual error that consistently leads to improper sentencing recommendations. The Federal Sentencing Guidelines treat CFAA violations...
Daniel Solove | November 21, 2016 | Data Privacy
Recently, the U.S. Court of Appeals for the 9th Circuit issued a decision with profound implications for consumer privacy protection law. In FTC v. AT&T Mobility (9th Cir. Aug. 29, 2016), a 3-judge panel of the 9th Circuit held that the Federal Trade Commission...
Hunton & Williams, Privacy and Cybersecurity Group | September 26, 2016 | Data Privacy
On September 15, 2016, the New Jersey Senate unanimously approved a bill that seeks to limit retailers’ ability to collect and use personal data contained on consumers’ driver and non-driver identification cards. The bill, known as the Personal Information and Privacy...