Privacy's Blueprint

Berkman Klein Center for Internet & Society

Harvard University

Tuesday, March 5, 2019 - 6:15pm to 7:15pm

Every day, Internet users interact with technologies designed to undermine their privacy. And the law says this is okay because it is mainly up to users to protect themselves—even when the odds are deliberately stacked against them. In this talk, Professor Hartzog will argue that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it is value-neutral: only the user decides whether it functions for good or ill. But this is not so. Popular digital tools are designed to expose people and manipulate users into disclosing personal information. Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. We must develop the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. The law can demand encryption. It can prohibit malicious interfaces that deceive users and leave them vulnerable. It can require safeguards against abuses of biometric surveillance. It can, in short, make the technology itself worthy of our trust.

Please note that this luncheon and live webcast will begin at 12:15 pm.



Harvard Law School
Wasserstein Hall | Milstein West B (Room 2019, Second Floor)
Cambridge , MA 02138
US