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Legal History

Exploring how laws, legal institutions, and rights develop over time. Articles trace the origins of privacy, data protection, technology regulation, and related legal doctrines, examining the cases, legislation, and social changes that shaped them. Historical perspectives reveal how earlier debates inform current controversies, why legal systems take different approaches, and how familiar principles adapt to new technologies and forms of power.

Do we need the CCPA whistle-blower provision back?

Do we need the CCPA whistle-blower provision back?

Should California have included whistleblower protections in the CCPA? This article explores the provision removed during legislative negotiations, compares it with HIPAA and the GDPR, and argues that protecting privacy professionals is essential to meaningful compliance.

Can Laboratories of Democracy Innovate the Way to Privacy Protection?

Can Laboratories of Democracy Innovate the Way to Privacy Protection?

Written months before California voters qualified the initiative that became the CCPA, Joanne McNabb's prescient essay anticipated the debates that would reshape U.S. privacy law. Today, it offers a remarkable window into the thinking that helped launch the modern privacy movement.