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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.

A Federal Court Holds a Flock Travel History Search Unconstitutional in United States v. Kyle

In United States v. Kyle, an Oklahoma federal court suppressed evidence after a warrantless search of a month of vehicle-location records. The analysis distinguishes historical travel searches from individual plate alerts.

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

The Hawley-Murphy proposal would extend hacking liability to AI developers and operators. This analysis examines existing CFAA limits, private remedies, and a different liability model proposed in Rhode Island.

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

New Jersey’s allegations connect Amazon’s control over delivery contractors with driver pay and job mobility. The article examines Amazon’s response and California’s separate competition and surveillance laws. The complaint has not established liability.

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

Employer-side AI tools evaluate applications for participating employers on LinkedIn and Indeed. J.R. Howell examines California privacy rules, potential vendor liability, and competition concerns arising from applicant data. Product enrollment and regulatory coverage matter.

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.