Woodrow Hartzog

Woodrow Hartzog

Professor of Law

Class of 1960 Scholar

BA, Samford University
JD, Samford University’s Cumberland School of Law
LLM, The George Washington University Law School
PhD, University of North Carolina at Chapel Hill


Biography

Professor Hartzog is internationally recognized for his work in privacy and technology law. He has been influential in the debate over privacy and surveillance rules and in the creation and enforcement of information and technology laws. His publications focus on the complex problems that arise when people, organizations, and governments use powerful new technologies to collect, analyze, and share human information.

Professor Hartzog’s work has been published in numerous scholarly publications such as the Yale Law JournalColumbia Law ReviewUniversity of Chicago Law Review, California Law Review, Notre Dame Law Review, and Michigan Law Review and popular national publications such as The Guardian, Wired, BBC, CNN, Bloomberg, New Scientist, Slate, The Atlantic, and The Nation. He has testified multiple times before Congress on data protection issues and served as a commissioner on the Massachusetts Special Commission on Facial Recognition. He is the author of Privacy’s Blueprint: The Battle to Control the Design of New Technologies, published in 2018 by Harvard University Press, and the co-author of Breached! Why Data Security Law Fails and How to Improve It, published in 2022 by Oxford University Press (with Daniel Solove).

Professor Hartzog is a Faculty Associate at the Berkman Klein Center for Internet & Society at Harvard University, a Non-resident Fellow at The Cordell Institute for Policy in Medicine & Law at Washington University, an Affiliate Scholar at the Center for Internet and Society at Stanford Law School, and an External Affiliate of the Cybersecurity and Privacy Institute at Northeastern University. Professor Hartzog serves on the advisory board for the Electronic Privacy Information Center and the Future of Privacy Forum.

Before joining Boston University School of Law, Professor Hartzog was a Professor of Law and Computer Science at Northeastern University’s School of Law and Khoury College of Computer Sciences and the Starnes Professor of Law at Samford University’s Cumberland School of Law. Professor Hartzog has also served as a Visiting Professor at Notre Dame Law School and the University of Maine School of Law. He previously worked as an attorney in private practice and as a trademark attorney for the United States Patent and Trademark Office. He also served as a clerk for the Electronic Privacy Information Center.

Publications

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  • Neil Richards, Woodrow Hartzog, Claire Boine & Lea Despotis, Chapter 11: Beyond Digital Pessimism: How a Focus on Trust Can Enhance EU Digital Law, in Conceptions of Data Protection and Privacy: Legal and Philosophical Perspectives (Elisa Orrù and Tanya Aplin,2026)
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  • Woodrow Hartzog, Chapter 4: Unfair and Deceptive Robots, in Robot Law: Volume II (Ryan Calo, A. Michael Froomkin, and Kristen Thomasen,2025)
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  • Johanna Gunawan, Sarah Elizabeth Gillespie, David Choffnes, Woodrow Hartzog & Christo Wilson, Promises, Promises: Understanding Claims Made in Social Robot Consumer Experiences 2025 CHI '25: Proceedings of the 2025 CHI Conference on Human Factors in Computing Systems (2025)
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  • Amogh Pradeep, Johanna Gunawan, Álvaro Feal, Woodrow Hartzog & David Choffnes, Gig Work at What Cost? Exploring Privacy Risks of Gig Work Platform Participation in the U.S. 2025 Proceedings on Privacy Enhancing Technologies (2025)
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  • Woodrow Hartzog & Neil Richards, A Duty of Loyalty for Emotion Data, in Emotional Data Applications and Regulation of Artificial Intelligence in Society (Rosa Ballardini, Rob van den Hoven van Genderen, and Sari Järvinen,2025)
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  • Neil Richards & Woodrow Hartzog, Against Engagement 104 Boston University Law Review (2024)
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  • Woodrow Hartzog, Foreword to Information Privacy Law at the Crossroads 104 Boston University Law Review (2024)
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  • Woodrow Hartzog, Two AI Truths and a Lie 26 Yale Journal of Law & Technology (2024)
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  • Daniel Solove & Woodrow Hartzog, Kafka in the Age of AI and the Futility of Privacy as Control 104 Boston University Law Review (2024)
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  • Woodrow Hartzog, Evan Selinger & Johanna Gunawan, Privacy Nicks: How the Law Normalizes Surveillance 101 Washington University Law Review (2024)
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  • Brief of Amici Curiae Privacy and First Amendment Law Professors in Support of Defendant-Appellant and Reversal
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  • National Telecommunications and Information Administration: Comments from Researchers at Boston University and the University of Chicago Boston University School of Law Research Paper Series (2023)
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  • Woodrow Hartzog, What STS Can (and Can’t) Do for Law and Technology JOTWELL (2023)
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  • Monica Kowalczyk, Johanna Gunawan, David Choffnes, Daniel J. Dubois, Woodrow Hartzog & Christo Wilson, Understanding Dark Patterns in Home IoT Devices CHI '23: Proceedings of the 2023 CHI Conference on Human Factors in Computing Systems (2023)
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  • David Choffnes, Woodrow Hartzog, Scott Jordan, Athina Markopoulou & Zubair Shafiq, A Scientific Approach to Tech Accountability 37 Harvard Journal of Law & Technology (2023)
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  • Neil Richards, Woodrow Hartzog & Jordan Francis, A Concrete Proposal for Data Loyalty 37 Harvard Journal of Law & Technology (2023)
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  • Comments of the Cordell Institute for Policy in Medicine & Law at Washington University in St. Louis Federal Trade Commission Docket (2022)
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  • Woodrow Hartzog & Daniel Solove, Breached!: Why Data Security Law Fails and How to Improve It (2022)
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  • Woodrow Hartzog & Neil M. Richards, The Surprising Virtues of Data Loyalty 71 Emory Law Journal (2022)
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  • Woodrow Hartzog & Neil Richards, Legislating Data Loyalty 97 Notre Dame Law Review Reflection (2022)
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  • Johanna Gunawan, Amogh Pradeep, David Choffnes, Woodrow Hartzog & Christo Wilson, A Comparative Study of Dark Patterns Across Mobile and Web Modalities 5 Proceedings of the ACM on Human-Computer Interaction (2021)
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  • Johanna Gunawan & Woodrow Hartzog, The Case of the Nosy Neighbors, in MIT Case Studies in Social and Ethical Responsibilities of Computing (2021)
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  • Neil M. Richards & Woodrow Hartzog, A Duty of Loyalty for Privacy Law 99 Washington University Law Review (2021)
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  • William D. Smart, Cindy M. Grimm & Woodrow Hartzog, An Education Theory of Fault For Autonomous Systems 2 Notre Dame Journal on Emerging Technologies (2021)
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  • Johanna Gunawan, David Choffnes, Woodrow Hartzog & Christo Wilson, The COVID-19 Pandemic and the Technology Trust Gap 51 Seton Hall Law Review (2021)
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  • Woodrow Hartzog, What is Privacy? That’s the Wrong Question 88 The University of Chicago Law Review (2021)
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  • Woodrow Hartzog & Neil M. Richards, Privacy's Constitutional Moment and the Limits of Data Protection 61 Boston College Law Review (2020)
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  • Woodrow Hartzog, BIPA: The Most Important Biometric Privacy Law in the US?, in Regulating Biometrics: Global Approaches and Urgent Questions (Amba Kak,2020)
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  • Neil Richards & Woodrow Hartzog, A Relational Turn for Data Protection? 6 European Data Protection Law Review (2020)
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  • Woodrow Hartzog, The Public Information Fallacy 99 Boston University Law Review (2019)
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  • Evan Selinger & Woodrow Hartzog, The Inconsentability of Facial Surveillance 66 Loyola Law Review (2019)
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  • Jessica Silbey & Woodrow Hartzog, The Upside of Deep Fakes 78 Maryland Law Review (2019)
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  • Neil M. Richards & Woodrow Hartzog, The Pathologies of Digital Consent 96 Washington University Law Review (2019)
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  • Woodrow Hartzog, Privacy’s Blueprint: The Battle to Control the Design of New Technologies (2018)
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  • Woodrow Hartzog, The Case Against Idealising Control 4 European Data Protection Law Review (2018)
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  • Woodrow Hartzog, Body Cameras and the Path to Redeem Privacy Law 96 North Carolina Law Review (2018)
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  • Woodrow Hartzog, Are Privacy Laws Deficient? 2 International Journal for the Data Protection Officer, Privacy Officer and Privacy Counsel (2018)
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  • Woodrow Hartzog, Privacy and Terms of Use, in Social Media and the Law: A Guidebook for Communication Students and Professionals (Daxton R. Stewart,2017)
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  • Woodrow Hartzog, The Inadequate, Invaluable Fair Information Practices 76 Maryland Law Review (2017)
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  • Woodrow Hartzog, On Questioning Automation 48 Cumberland Law Review (2017)
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  • Neil M. Richards & Woodrow Hartzog, Trusting Big Data Research 65 DePaul Law Review (2017)
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  • Neil M. Richards & Woodrow Hartzog, Privacy's Trust Gap 126 Yale Law Journal (2017)
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  • Woodrow Hartzog, Et tu, Android?: regulating dangerous and dishonest robots 5 Journal of Human-Robot Interaction (2016)
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  • Woodrow Hartzog, Gregory Conti, John Nelson & Lisa A. Shay, Inefficiently Automated Law Enforcement 2015 Michigan State Law Review (2016)
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  • Lisa A. Shay, Woodrow Hartzog, John Nelson & Gregory Conti, Do Robots Dream of Electric Laws? An Experiment in Law as Algorithm, in Robot Law (Ryan Calo, A. Michael Froomkin, & Ian Kerr,2016)
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  • Neil Richards & Woodrow Hartzog, Taking Trust Seriously in Privacy Law 19 Stanford Technology Law Review (2016)
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  • Ira S. Rubinstein & Woodrow Hartzog, Anonymization and Risk 90 Washington Law Review (2016)
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  • Evan Selinger & Woodrow Hartzog, Obscurity and Privacy, in Spaces for the Future: A Companion to Philosophy of Technology (Joseph C. Pitt & Ashley Shew,2016)
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  • Lisa A. Shay, Woodrow Hartzog, John Nelson, Dominic Larkin & Gregory Conti, Confronting Automated Law Enforcement, in Robot Law (Ryan Calo, A. Michael Froomkin, & Ian Kerr,2016)
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  • Woodrow Hartzog & Evan Selinger, The Internet of Heirlooms and Disposable Things 17 North Carolina Journal of Law and Technology (2016)
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  • Woodrow Hartzog & Evan Selinger, Surveillance as Loss of Obscurity 72 Washington and Lee Law Review (2015)
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  • Woodrow Hartzog & Daniel J. Solove, The Scope and Potential of FTC Data Protection 83 George Washington Law Review (2015)
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  • Woodrow Hartzog & Evan Selinger, Increasing the Transaction Costs of Harassment 95 Boston University Law Review Annex (2015)
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  • Evan Selinger & Woodrow Hartzog, Facebook’s emotional contagion study and the ethical problem of co-opted identity in mediated environments where users lack control 12 Research Ethics (2015)
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  • Woodrow Hartzog, Unfair and Deceptive Robots 74 Maryland Law Review (2015)
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  • Gregory Conti, Lisa A. Shay & Woodrow Hartzog, Deconstructing the Relationship Between Privacy and Security [Viewpoint] 33 IEEE Technology and Society Magazine (2014)
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  • Woodrow Hartzog, Reviving Implied Confidentiality 89 Indiana Law Journal (2014)
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  • Daniel J. Solove & Woodrow Hartzog, The FTC and the New Common Law of Privacy 114 Columbia Law Review (2014)
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  • Woodrow Hartzog, The Value of Modest Privacy Protections in a Hyper Social World 12 Colorado Technology Law Journal (2014)
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  • Woodrow Hartzog, Here's to the right to be partially forgotten 220 NewScientist (2013)
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  • Woodrow Hartzog, A stronger 'online eraser' law would be a mistake 220 NewScientist (2013)
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  • Woodrow Hartzog & Frederic D. Stutzman, Obscurity by Design 88 Washington Law Review (2013)
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  • Lisa A. Shay, Gregory Conti & Woodrow Hartzog, Beyond sunglasses and spray paint: A taxonomy of surveillance countermeasures, International Symposium on Technology and Society (ISTAS) (2013)
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  • Woodrow Hartzog & Frederic Stutzman, The Case for Online Obscurity 101 California Law Review (2013)
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  • Woodrow Hartzog, The Fight to Frame Privacy 111 Michigan Law Review (2013) (book review)
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  • Woodrow Hartzog & Evan Selinger, Big Data in Small Hands 66 Stanford Law Review Online (2013)
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  • Woodrow Hartzog, Social Data 74 Ohio State Law Journal (2013)
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  • Woodrow Hartzog, Chain-Link Confidentiality 46 Georgia Law Review (2012)
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  • Woodrow Hartzog, Website Design as Contract 60 American University Law Review (2011)
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  • Woodrow Hartzog, The New Price to Play: Are Passive Online Media Users Bound by Terms of Use 15 Communication Law and Policy (2010)
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  • Woodrow Hartzog, The Privacy Box: A Software Proposal 14 First Monday (2009)
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  • Woodrow Hartzog, Promises and Privacy: Promissory Estoppel and Confidential Disclosure in Online Communities 82 Temple Law Review (2009)
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  • Woodrow Hartzog, Falling On Deaf Ears: Is the "Fail-Safe" Triennial Exemption Provision in the Digital Millennium Copyright Act Effective in Protecting Fair Use? 12 Journal of Intellectual Property Law (2005)
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  • Woodrow Hartzog, Gaining Momentum: A Review of Recent Developments Surrounding the Expansion of the Copyright Misuse Doctrine and Analysis of the Doctrine in its Current Form 10 Michigan Telecommunications and Technology Law Review (2004)
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  • Woodrow Hartzog, The Magic Lantern Revealed: A Report of the FBI's New Key Logging Trojan and Analysis of its Possible Treatment in a Dynamic Legal Landscape 20 John Marshall Journal of Computer & Information Law (2002)
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In the Media

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  • BU Today July 9, 2025

    A Public Marriage Proposal Raises Privacy Questions in the Social Media Age

    Jessica Silbey and Woodrow Hartzog are interviewed.
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  • How I Lawyer Podcast April 18, 2025

    Woodrow Hartzog – Law Professor and Privacy & Technology Law Expert

    Woodrow Hartzog is interviewed.
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  • The 194th General Court of the Commonwealth of Massachusetts April 9, 2025

    Joint Committee on Advanced Information Technology, the Internet and Cybersecurity

    Woodrow Hartzog testifies.
    read more

  • Boston College Law School Magazine April 3, 2025

    March Event Roundup

    Woodrow Hartzog is mentioned.
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  • Future of Privacy Reform February 3, 2025

    This Year’s Winning Privacy Papers to Be Honored at the Future of Privacy Forum’s 15th Annual Privacy Papers for Policymakers Event

    Woodrow Hartzog is honored.
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  • The Regulatory Review January 31, 2025

    Week in Review

    Woodrow Hartzog's work is mentioned.
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  • BU Today January 15, 2025

    Updated: Supreme Court Rules in Favor of TikTok Ban in Us Unless Chinese Parent Company Sell

    Jessica Silbey and Woodrow Hartzog are quoted.
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  • MIT Technology Review January 7, 2025

    What’s Next for Our Privacy?

    Woodrow Hartzog is quoted.
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  • Tech Policy Press December 23, 2024

    Top 25 Tech Policy Press Podcasts of 2024

    Woodrow Hartzog is mentioned.
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  • Tech Policy .Press November 3, 2024

    What Kafka Can Teach Us About Privacy in the Age of AI

    Woodrow Hartzog is interviewed.
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  • The New York Times October 24, 2024

    Two Students Created Face Recognition Glasses. It Wasn’t Hard.

    Woodrow Hartzog is quoted.
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  • The New York Times October 23, 2024

    Kroger and Walmart Deny ‘Surge Pricing’ After Adopting Digital Price Tags

    Woodrow Hartzog is quoted.
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  • The American Law Institute October 7, 2024

    The American Law Institute Announced the Newly Elected Members

    Woodrow Hartzog is mentioned.
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  • IAPP September 13, 2024

    A View from DC: Privacy Law Flirts with Its ‘Ban It’ Era

    Woodrow Hartzog is mentioned.
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  • September 11, 2024

    Taylor Swift Cites ‘Fears around AI’ and Deepfakes in Kamala Harris Endorsement

    Woodrow Hartzog is quoted.
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Activities & Engagements

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Courses

Digital Civil Liberties: LAW JD 779

3 credits

This readings seminar will focus on emerging issues of civil liberties in our digital society, with special attention paid to privacy and freedom of speech in the age of social media, platforms, and artificial intelligence. We will explore the potential and dangers of the Internet revolution in communications, and how it is affected by the activities of users, by companies like Google, Facebook, and Twitter, and by government attempts to restrain or shape the evolution of online activity through law. The course will be structured around discussions of principal readings of relatively recent (and readable) books and articles, including the possibility of videoconferencing or in-person lectures with some of the authors to discuss their work. There will be three student papers required ¿ two short papers due during the semester providing a critical review of one of the readings chosen by the student, and a slightly longer paper due at the end of exams comparing and critiquing two of the principal readings. In addition to gaining a deeper understanding of the topics of the books, we will work on developing essential skills for lawyers of close reading and clear and persuasive writing. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar. or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2026: LAW JD 779 A1 , Jan 12th to May 8th 2026
Days Start End Credits Instructors Bldg Room
Thu 2:10 pm 4:10 pm 3 Woodrow Hartzog

Information Privacy for LLMs: LAW AM 799

3 credits

The collection, use, storage, and sharing of personal data has become increasingly important throughout society, from commerce to government and from health care to finance. For good reason, we call this the Information Age. Recall the countless high- profile privacy and data security controversies you have heard about recently: location tracking; AI systems using personal data to deny people jobs and benefits; data breaches, hacking and identity theft; and government surveillance. Law has responded with a dizzying array of new rules -- and a rapidly growing area of professional specialization for attorneys. This course serves as an introduction to the emerging law of data privacy. By the end, you will be well grounded in many challenges facing any enterprise, public or private, that collects, processes, uses, and stores personal information. In addition to knowledge of federal and state rules and enforcement activity, we will learn about the policy questions that arise in this dynamic area, the legally relevant questions to ask when assessing information practices. You will gain a basic understanding of data privacy regulation in other countries, particularly the European Union. You will also learn how to think about the relationship between law and technology more broadly. All students will benefit from more sophisticated knowledge about an issue that appears in the news every single day. But there are significant professional payoffs too. Major law firms have organized entire practice areas devoted to privacy and data protection law. These trends mean that law school graduates will have increasing job opportunities in data privacy and security law. Meanwhile, in many other practice areas -- such as securities, labor and employment, health, advertising, and the list goes on -- familiarity with privacy and security law has become a major asset. Plus, the issues are fascinating and fun. If nothing else, you can have great conversations at parties.

SPRG 2026: LAW AM 799 A1 , Jan 12th to Apr 22nd 2026
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:05 pm 3 Woodrow Hartzog

INFORMATION PRIVACY LAW: LAW JD 956

3 credits

The collection, use, storage, and sharing of personal data has become increasingly important throughout society, from commerce to government and from health care to finance. For good reason, we call this the Information Age. Recall the countless high- profile privacy and data security controversies you have heard about in the last year: location tracking; inaccurate credit reports causing lost jobs; data breaches, hacking and identity theft; and government surveillance. Law has responded with a dizzying array of new rules -- and a rapidly growing area of professional specialization for attorneys. This course serves as an introduction to the emerging law of data privacy. By the end, you will be well grounded in many challenges facing any enterprise, public or private, that collects, processes, uses, and stores personal information. In addition to knowledge of constitutional, statutory, and common law rules as well as federal and state enforcement activity, we will learn about the policy questions that arise in this dynamic area, the legally relevant questions to ask when assessing information practices, and some of the many nonlegal models of information governance. You will gain a basic understanding of data privacy regulation in other countries, particularly the European Union. All students will benefit from more sophisticated knowledge about an issue that appears in the news every single day. But there are significant professional payoffs too. Major law firms have organized entire practice areas devoted to privacy and data protection law. In the last seven years the International Association of Privacy Professionals (IAPP), a key trade association in this space, more than tripled in size to 12,000 members. These trends mean that law school graduates will have increasing job opportunities in data privacy and security law. Meanwhile, in many other practice areas -- such as securities, labor and employment, health, advertising, and the list goes on -- familiarity with privacy and security law has become a major asset. Plus, the issues are fascinating and fun. If nothing else, you can have great conversations at parties.

FALL 2025: LAW JD 956 A1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:45 am 12:10 pm 3 Woodrow Hartzog

Torts: LAW JD 892

4 credits

Principles of civil recovery for injury, including strict liability, negligence, and the intentional torts, with emphasis on the social, economic, and moral underpinnings of the doctrines.

FALL 2025: LAW JD 892 A1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Andrew Elmore
FALL 2025: LAW JD 892 B1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Mon,Tue,Wed 9:15 am 10:30 am 4 James E. Fleming
FALL 2025: LAW JD 892 C1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 11:45 am 4
Wed,Thu 9:15 am 10:30 am 4
FALL 2025: LAW JD 892 D1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Kathryn Zeiler
FALL 2025: LAW JD 892 E1 , Sep 2nd to Dec 19th 2025
Days Start End Credits Instructors Bldg Room
Tue,Thu 8:30 am 10:30 am 4 Jed Handelsman Shugerman