A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
My Publications | e-mail
All opinions on this blog are those of the author(s) and not their employer(s) unelss otherwise specified.
Who Reads Discourse.net?
Readers describe themselves.
Please join in.Reader Map
Recent Bluessky Posts- Spine at last. Now to see how it holds up January 26, 2026 Michael Froomkin
- Bonuses. Quietly. January 26, 2026 Michael Froomkin
- Jotwell Crim: Darryl Brown, The Supreme Court’s Failure to Stop the Politics of Mass Incarceration, JOTWELL (January 26, 2026) (reviewing Rachel Barkow, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration (2025)), crim.jotwell.com/the-supreme-.... January 26, 2026 Jotwell
- The pain is the price of leverage alas. But it's not a good look for senators to say they allowed a shutdown of all these other valuable things because they insisted on funding ICE killers. January 25, 2026 Michael Froomkin
- I believe that these funds don't evaporate; of course Congress can always rescind unexpended previous appropriations. ICE $ are bundled with many other agencies' including FEMA so if there's a standoff those agencies will go into shutdown mode unless Congress breaks up the bill and passes the rest. January 25, 2026 Michael Froomkin
Recent Comments
- Michael on Robot Law II is Now Available! (In Hardback)
- Mulalira Faisal Umar on Robot Law II is Now Available! (In Hardback)
- Michael on Vince Lago Campaign Has No Shame
- Just me on Vince Lago Campaign Has No Shame
- Jennifer Cummings on Are Coral Gables Police Cooperating with ICE?
Subscribe to Blog via Email
Join 51 other subscribers
Author Archives: Michael Froomkin
Into the SOUPS
I’m off to Ottawa for the 2nd Annual Privacy Personas and Segmentation (PPS) Workshop which is being held in conjunction with the Symposium on Usable Privacy and Security (SOUPS).
The organizers selected me to give the keynote for the workshop, and I’ve produced a provocation for them. Here is the introduction:
Users are notoriously bad at safeguarding their online privacy. They do not read privacy policies, which in any case are mostly contracts of adhesion. They make over-optimistic assumptions about protections and dangers.[15] They use weak passwords (and repeat them), accept cookies, and leave their cell phones on thus facilitating location tracking, which is vastly more destructive to privacy than almost any user grasps. [8] Contrary to Alan Westin’s privacy segmentation analysis [31], most privacy choices are not knowing and deliberate because they are not within the user’s control (e.g. surveillance in public). Other ‘choices’ happen because users believe, correctly, that they in fact have no choice if they want the services (e.g. Google, mobile telephony) that large numbers of consumers consider necessary for modern life. [27]
The systematic exposure of the so-called “privacy vulnerable” user [27] suits important public and private interests. Marketers, law enforcement, and (as a result) hardware and software designers tend towards making technology surveillance-friendly and tend towards making communications and transactions easily linkable.
If we each have only one identity capable of transacting–even if it is mediated through multiple logins–and if our access to communications resources, such as ISPs and email, requires payment or authentication, then all too quickly everything we do online is at risk of being linked to one master dossier. The growth of real-world surveillance, and the ease with which cell phone tracking and face recognition will allow linkage to virtual identities, only adds to the size of that dossier. The consequences are that one is, effectively, always being watched as one speaks or reads, buys or sells, or joins with friends, colleagues, co-religionists, fellow activists, or hobbyists. In the long term, a world of near-total surveillance and endless record-keeping is likely to be one with less liberty, less experimentation, and certainly far less joy [16] (except maybe for the watchers). In a country such as the US where robust data-protection law is deeply unlikely, a technological solution is required if privacy is to continue to be relevant in the era of big data; one such, perhaps the best such, technological improvement would be to create an IMA designed to give every person multiple privacy-protective transaction-empowered digital personae. Roger Clarke provides a good working definition of the “digital persona” as “a model of an individual’s public personality based on data and maintained by transactions, and intended for use as a proxy for the individual.” [4]
Whereas Clarke presciently saw (and critiqued) the ‘dataveillance’ project as being an effort to create a single, increasingly accurate, digital persona connected to the person, the objective here is to undermine that linkage by having multiple personae that would not be as easy to link to each other or to the person.
(Updated to correct link to workshop.)
Posted in Talks & Conferences, Writings
1 Comment
Quotes
Today’s top quote on President Obama’s tour of a federal prison:
As David Maraniss reported in his biography, Mr. Obama and his friends were so enthusiastic about their marijuana that they called their group the Choom Gang. Unlike the men he met on Thursday, however, Mr. Obama escaped that life and ultimately ended up at Harvard Law School, the Senate and now the White House.
He, too, has security around the clock. But they work for him.
Bonus quotes, not from today, in James Fallows’s Obama’s Grace, a very fine essay about President Obama’s eulogy for Reverend Clementa Pinckney. It contains many sharp observations including this one:
Obama, certainly on purpose, “code switched” with regularity through the speech. Sometimes he spoke almost as if he were an A.M.E. preacher, and certainly as if he was so comfortable in this setting as to know its stresses and pronunciations and styles. Listen for the words “Shout Hallelujah!” about 12 minutes into the speech to hear this tone. …
In other places—including, fascinatingly, his most explicit discourse on racial justice late in the speech—Obama sounds as neutrally professional-class-white-American as he does in most speeches from the Oval Office.
It also includes this sharp aside, which is not about the President:
Political writers wonder when the Republican party will produce its next really shrewd strategist, the one who knows how to pick his battles rather than getting mired in obstructive pandering to the base. Such a figure already exists. His name is John Roberts.
Posted in Politics: US
Comments Off on Quotes
Gonzo Lite
Even Gonzo Lite is rare nowadays, so enjoy The Barrett Brown Review of Arts and Letters and Prison, courtesy of The Intercept.
Earlier edition at D Magazine.
Posted in Readings
Comments Off on Gonzo Lite
