06/17/2026
New in the California Law Review Online: "On the Right to Obscurity" by Woodrow Hartzog and Evan Selinger. Responding to Sharma, Kadri, and Adler's "Brokering Safety," Hartzog and Selinger make the case for a legally protected right to obscurity, the practical privacy that allows people to live freely and with dignity, grounded in human dignity and capabilities and enforced through a patchwork of rules ranging from targeted remedies for data broker abuse to outright bans on the most dangerous surveillance technologies.
Tragically, U.S. privacy law has neglected to address a significant dimension of privacy. While lawmakers and judges have routinely recognized intrusions into our secluded spaces and breaches of our confidentiality and secrecy, they have largely failed to protect our most common yet also our most...