The Lawfare Podcast: Dan Solove and Woody Hartzog on ‘Breached!’

Jen Patja, Stephanie Pell, Daniel Solove, Woody Hartzog
Wednesday, March 2, 2022, 12:00 PM

Published by The Lawfare Institute
in Cooperation With
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For the past two decades, there has been an epidemic of data breaches, from Target, to Home Depot, to Equifax, to Uber, just to name a few. In their new book, “Breached! Why Data Security Law Fails and How to Improve It,” Daniel Solove, the John Marshall Harlan Research Professor of Law at the George Washington University Law School, and Woodrow Hartzog, Professor of Law and Computer Science at Northeastern University, tell us why current data security law fails and how we can improve it.

Stephanie Pell spoke with Dan and Woody about a number of issues they raise in their book, including how current data security law overemphasizes the conduct of breached entities and fails to distribute responsibility among a range of actors in the data ecosystem that contributes to the data breach. They also talked about their ideas for more proactive data security laws that work to reduce the harm caused by data breaches once they occur, encourage greater integration of privacy and security principles, and promote data security rules and practices designed with humans in mind.


Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Stephanie Pell is a Fellow in Governance Studies at the Brookings Institution and a Senior Editor at Lawfare. Prior to joining Brookings, she was an Associate Professor and Cyber Ethics Fellow at West Point’s Army Cyber Institute, with a joint appointment to the Department of English and Philosophy. Prior to joining West Point’s faculty, Stephanie served as a Majority Counsel to the House Judiciary Committee. She was also a federal prosecutor for over fourteen years, working as a Senior Counsel to the Deputy Attorney General, as a Counsel to the Assistant Attorney General of the National Security Division, and as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of Florida.
Daniel Solove is the John Marshall Harlan Research Professor of Law at the George Washington University Law School and co-author of the book, “Breached! Why Data Security Law Fails and How to Improve It.”
Woodrow Hartzog is a Professor of Law and Computer Science at Northeastern University. He is the author of "Privacy’s Blueprint: The Battle to Control the Design of New Technologies." He and Professor Solove are the co-authors of "The FTC and the New Common Law of Privacy" and "The Scope and Potential of FTC Data Protection."

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