1057 Confiding in Con Men: U.S. Privacy Law, the GDPR, and Information Fiduciaries Lindsey Barrett* “We have a responsibility to protect your data, and if we can’t then we don’t deserve to serve you.” Mark Zuckerberg, CEO of Facebook 1 Zuck: yea so if you ever need info about anyone at Harvard Zuck: just ask Zuck: i have over 4000 emails, pictures, addresses, sns Friend: what!? how’d you manage that one? Zuck: people just submitted it Zuck: i don’t know why Zuck: they “trust me” Zuck: dumb fucks Id. 2 ABSTRACT In scope, ambition, and animating philosophy, U.S. privacy law and Europe’s General Data Protection Regulation are almost diametric opposites. The GDPR’s ambitious individual rights, significant prohibitions, substantive enforcement regime, and broad applicability contrast vividly with a scattershot U.S. regime that generally prioritizes facilitating commerce over protecting individuals, and which has created * Teaching Fellow & Staff Attorney, Communications & Technology Clinic, Institute for Public Representation, Georgetown University Law Center. An enormous thank you to the participants at the Seattle University Law Review GDPR Symposium, the Yale Information Society Project, Jack Balkin, Joe Jerome, and Gabriela Zanfir-Fortuna for their enormously helpful comments, and another to the hard-working editors at the Seattle University Law Review. 1. Mark Zuckerberg, FACEBOOK (Mar. 21, 2018), https://www.facebook.com/zuck/posts/10104 712037900071 [https://perma.cc/WD94-ZRH8]. 2. Jose Antonio Vargas, The Face of Facebook: Mark Zuckerberg Opens Up, NEW YORKER (Sep. 20, 2010), https://www.newyorker.com/magazine/2010/09/20/the-face-of-facebook [https://per ma.cc/R9ML-2XBZ].
Confiding in Con Men: U.S. Privacy Law, the GDPR, and Information Fiduciaries
Jul 05, 2023
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