The Evolving Battle for Privacy in a Tech-Driven World

In this Ready Living Podcast episode, Daniel J. Solove, one of the world’s foremost experts in privacy law and the #1 most cited law professor in the law and technology field, talks about technology’s impact on privacy, how the law often fails to adequately protect privacy, and what needs to be done to safeguard our personal privacy freedoms.Dan challenges the traditional, narrow definitions of privacy and argues against what he calls “privacy essentialism”—the idea that privacy has clear, fixed boundaries. Instead, he proposes an approach that acknowledges the nuanced and evolving nature of privacy violations.The way privacy is conceptualized, he explains, has profound implications for how laws are crafted, interpreted, and enforced. And unfortunately, he argues, the law too often falls short, particularly when it comes to addressing the impact of technology.He describes how legislators and judges often get “brain freeze” when faced with cases involving technology, leading to a failure to recognize harms that should be apparent. Whether it’s the lack of a comprehensive federal privacy law in the U.S. or the messy patchwork of existing regulations, he paints a picture of a legal system struggling to keep up with the pace of technological change.Dan explains how the design of technology—from social media algorithms to data collection tools—affects the choices people make about sharing their personal information. He notes that “control the design, control the decision,” highlighting how tech companies intentionally create platforms that encourage data sharing and polarizing content to maximize profit, often at the expense of societal well-being. Regulators, he argues, have been hesitant to address these design issues. He also raises alarm bells about the darker side of surveillance and the unprecedented power governments and corporations now wield through big data and artificial intelligence. With algorithms capable of analyzing vast amounts of personal data to draw highly detailed—and often biased—inferences, the potential for abuse is enormous. He warns that this level of surveillance could pave the way for authoritarian regimes to target dissenters and control populations, drawing chilling parallels to historical examples like Nazi Germany.This episode is a must-listen for everyone who cares about privacy and the future of our society.Dan is the Eugene L. and Barbara A. Bernard Professor of Intellectual Property and Technology Law at the George Washington University Law School, and the founder of TeachPrivacy, a privacy and cybersecurity training company. He is the author of over 10 books and more than 100 articles; the #1 most cited law professor born after 1970, and the #1 most cited law professor in the law and technology field, having been cited in thousands of publications, excerpted in numerous casebooks, and discussed in many judicial opinions, including those by the U.S. Supreme Court, federal courts of appeal, district courts, and state supreme courts.His newest book, On Privacy and Technology, comes out March 2025.LISTEN & SUBSCRIBE TO THE PODCAST