Lior Strahilevitz

@thelior.bsky.social

University of Chicago Law Professor who writes about privacy law, property theory, and law & technology. My bio is here: https://www.law.uchicago.edu/faculty/strahilevitz My writing is here: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=331655

Some thoughts on Chatrie v. U.S. on first reading pass: The Court points out how cellphones are everywhere and we're "addicted" to our apps. Further, we're tracked all the time. (not the Court's job, but gosh, what if we could *do something* about the tracking problem, like regulate data use?)

Among that information is a single fact most pertinent
here: where the user’s cell phone is located at a given time.
Apps of many kinds rely on that datum. Your maps app
wants to help you navigate from Point A (where you are) to
Point B (where you are going). Ride-sharing apps of course
track your location when you are using them, and often do
so even when you are not. Weather apps want to tell you
about local conditions. Fast-food apps want to identify the
closest burger and pizza joints. Fitness apps want to track
your running routes. And so on.

🚨Publication Day for Sidewalk Nation!🚨 Sidewalks connect us all, and they connect commerce, tech, tax, property, policing, homelessness, surveillance, free speech, socioeconomic equity, public health, climate resilience, and more. www.hup.harvard.edu/books/978067...

Sidewalk Nation — Harvard University Press

An illuminating ramble along the American sidewalk: routinely unnoticed, yet central to daily life, neighborhood vitality, and significant legal controversies.Public infrastructure is as essential to ...

hup.harvard.edu

The Markup recently published a terrific piece about the ludicrous processes for protecting the privacy of electronic health information amidst dark patterns. It reflects a bunch of good research by Alex Rosenblat. Read it here: themarkup.org/privacy/2026...

The form asked my permission to share my health data. Then it wouldn’t let me say no. – The Markup

Dark patterns force patients to share their data with big healthcare networks, even when the privacy form they’re signing explicitly says they can opt-out.

themarkup.org

Sounds like a 7-2 loss for the government on birthright citizenship, with Court perhaps deciding it on statutory grounds, as suggested by Kavanaugh’s questions to Wang. But does the canon of constitutional avoidance apply when the Court has a 100+ year old precedent resolving the same Con Law issue?

A disturbing new piece on how dark patterns have become pervasive on the US Postal Service partner website for processing change of addresses / new voter registration. You want to register to vote? Sure thing, but first buy this Internet access / pizza / furniture, etc. www.wired.com/story/the-go...

The Government’s Shittiest Website

For more than 30 years, the US Postal Service has sent people who need to change their addresses to MyMove. Experts say the site uses dark patterns to trap visitors in an online purgatory of “deals.”

wired.com

It still amazes me that only 3 US states (IL, TX, and WA) provide meaningful protection against this kind of use of biometrics. In those states it’s impractical to get consent to use the feature from people without Facebook/Instagram accounts. What are the other state legislatures waiting for?

Ben Ewen-Campen@benforward3.bsky.social · 6mo ago

Facebook plans to put facial recognition in its glasses and they think we’re too stupid to fight back. Their internal memo: “We will launch during a dynamic political environment where many civil society groups that we would expect to attack us would have their resources focused on other concerns.”