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Privacy & Data

Analysis by J.R. Howell of privacy law, surveillance, personal data and the legal limits on commercial data practices.

The Proposed AI Agent Accountability Act Seeks to Extend Hacking Liability to Developers and Operators. Pros and cons?

The Hawley-Murphy proposal would extend responsibility for AI-enabled hacking to developers and operators. Its legislative text will determine whether injured parties gain workable private remedies under the CFAA.

New Jersey’s Amazon Complaint Shows Worker Surveillance and Monopsony Are One Legal Problem

New Jersey alleges Amazon constrains delivery contractors and suppresses driver pay. The article examines how those allegations connect worker surveillance, monopsony and California’s new employment laws.

Employer-Side AI Screening Is On by Default at LinkedIn, Indeed, and SimplyHired

J.R. Howell examines employer-side AI screening at LinkedIn, Indeed and SimplyHired. The essay connects privacy rules and vendor liability to the competitive power created by applicant data.

In Nolen v. PeopleConnect, the Ninth Circuit Lets a Classmates.com Class Sue Over Searchable Names Without Proving Anyone Searched Them

J.R. Howell examines Classmates.com class certification and the unresolved merits of the searchable-name theory. The essay considers the right of publicity and the consequences of proceeding as a class.

Two-Sided Market Structure Creates an Antitrust Blind Spot for Non-Paying Users

J.R. Howell argues that two-sided market doctrine overlooks the privacy costs of job-platform users who pay no fee. The essay examines how employer revenue and applicant data shape platform power.

Glassdoor Sells User Data to the Employers Its Reviewers Are Warning You About

J.R. Howell examines Glassdoor’s identity records and integration with Indeed. The essay argues that consent rules and merger analysis overlook the power created by retaining anonymous reviewers’ identities.

California's Court of Appeal Closes the Door on Web Surveillance, Applies CIPA to the Pixel

The article examines the California Court of Appeal’s application of CIPA in the Adventist pixel-tracking litigation. It distinguishes the class-certification questions from unresolved merits issues concerning the contents of patient communications.

The Interference Fallacy

J.R. Howell argues that antitrust, privacy and administrative law overlook standing power. The essay proposes a shared legal test for domination grounded in republican liberty.

The Legal Imperative to Protect Human Dignity from the Dehumanization of Electronic Surveillance

The essay reads Pope Leo XIV’s Magnifica Humanitas alongside American privacy law and scholarship on dignity. It argues for limits on surveillance, profiling and data extraction that protect people’s autonomy and legal status.

When Trusted Healthcare Software Quietly Hands Private Health Information to Someone Else’s AI

The essay examines how embedded AI can change where patient information goes after healthcare software is approved. It considers downstream vendors, secondary data uses and contract controls for access, retention and accountability.