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BOOK PUBLICATIONS
Peter P. Swire & Sol Bermann,
Information Privacy: Official Reference for the Certified Information Privacy
Professional (CIPP) (International Association of
Privacy Professionals 2007).
Peter P. Swire & Robert E. Litan,
None of Your
Business: World Data Flows, Electronic
Commerce, and the European Privacy Directive (Brookings Institution Press
1998).
ACADEMIC PUBLICATIONS
“Privacy and Antitrust,” (forthcoming,
2008).
“Consumers as Producers: The Personal
Mainframe and the Law of Computing,” (forthcoming, 2008).
“The ID
Divide: Addressing the Challenges of Identification and Authentication in
American Society,” Center for American Progress (2008) (with Cassandra Q.
Butts).
“No Cop on the Beat: Underenforcement
in E-Commerce and Cybercrime,” J. Telecomm. & High Technology L.
(forthcoming, 2008).
“Introductory Essay for ‘Privacy Law: Year in Review, 2007,” 3 I/S: A Journal of
Law and Policy for the Information Society 373 (2007).
“Book
Review: Transparency in Jeopardy,”
Issues in Science & Tech., Winter, 2007, at 92 (Reviewing Alasdair Roberts,
Blacked Out: Government Secrecy in the Information Age).
“Introductory Essay for
"Privacy Law Year
in Review, 2005-2006” I/S: A Journal of Law and Policy for the Information
Society (2007).
“Privacy
and Information Sharing in the War on Terrorism,” 51 Villanova L. Rev. 260
(2006).
“Introductory Essay for ‘Privacy Law: The Year
in Review, 2004’,” I/S: A Journal of Law and Policy for the Information
Society (2006).
“A Theory of Disclosure for Security and
Competitive Reasons: Open Source, Proprietary Software, and Government Systems,”
42 Houston Law Review 1333 (2006).
“Elephants
and Mice Revisited: Law and Choice of Law on the Internet,” 153 U. Penn. L.
Rev. 1975 (2005).
“Through the Privacy
Lens,” 4 J. Marshall Rev. Intell. Prop. L., Issue 2 (with Julie Cohen &
David Sorkin) (2005).
“Katz is
Dead, Long Live Katz,” 102 Mich. L. Rev. 904 (2004).
“The System
of Foreign Intelligence Surveillance Law”, 72 Geo. Wash. L. Rev. 1306
(2004).
“A Model for
When Disclosure Helps Security: What Is Different About Computer and Network
Security?” 3 J. Telecomm. & High Technology L. 163 (2004) (and forthcoming
as a chapter in a book to be published by the Cambridge University Press).
“Efficient
Confidentiality for Privacy, Security, and Confidential Business Information,”
Brookings-Wharton Papers on Financial Services (Brookings, 2003).
“Trustwrap:
The Importance of Legal Rules for E-Commerce and Internet Privacy”, 54
Hastings L.J. 847 (2003).
“State
Wiretaps and Electronic Surveillance After September 11”, 54 Hastings L.J.
971 (2003) (with Charles Kennedy).
Appendix A:
State Wiretap Laws (as of June, 2002)
Appendix B:
Recent State Wiretap Legislation (as of June, 2002)
“The
Surprising Virtues of the New Financial Privacy Law,” 86 Minn. L. Rev. 1263
(2002).
"Security
and Privacy After September 11: The Health Care Example,” 86 Minn. L. Rev.
1515 (2002) (with Lauren Steinfeld).
“The
Ethical and Legal Implications of Jaffee v. Redmond and the HIPAA Medical
Privacy Rule for Psychotherapy and General Psychiatry,” 25 Psychiatric
Clinics of North America 575 (2002) (with Paul Mosher).
"Financial
Privacy and the Theory of High Tech Government Surveillance," 77 Washington
U. L.Q. 461 (1999) & Brookings Wharton Papers on Financial Services (1999).
"Of
Elephants, Mice, and Privacy: International Choice of Law and the Internet,"
32 The
International Lawyer 991 (1998).
"The Uses and
Limits of Financial Cryptography: A Law Professor's Perspective," chapter in
the proceedings of Financial Cryptography '97 (Springer Verlag, 1997).
"Markets,
Self Regulation, and Legal Enforcement in the Protection of Personal
Information," U.S. Department of Commerce, Privacy and Self Regulation in
the Information Age (1997).
"The Race to Laxity and the Race
to Undesirability: Explaining Failures in Competition Among Jurisdictions in
Environmental Law," Yale Law & Policy Rev./Yale J. on Regulation, Symposium:
Constructing a New Federalism 67 (1996).
"Equality
of Opportunity and Investment in Creditworthiness," 143 U. Pa. L. Rev. 1533
(1995).
"The
Persistent Problem of Lending Discrimination: A Law and Economics Analysis,"
73 Tex. L. Rev. 787 (1995).
"Safe Harbors and a Proposal to
Improve the Community Reinvestment Act," 79 Va. L. Rev. 349 (1993).
"Bank Insolvency Law Now That It
Matters Again," 42 Duke L.J. 469 (1992).
Litan, Swire & Winston, "The U.S. Liability System: Background and Trends," in
Liability: Perspectives and Policies (Brookings, 1988).
Note, The Incorporation of
Independent Agencies Into the Executive Branch, 94 Yale L.J.
1766 (1985).
Book Review, 1 Yale J. L & Pol'y 417 (1983) (reviewing Jerry L. Mashaw,
Bureaucratic
Justice: Managing Social Security Disability Claims).
OTHER PUBLICATIONS
"The
FTC @ 100 and the Future of Consumer Protection," Center for American
Progress, October 30, 2008.
"Tech
Policy and the Financial Crisis," TPMCafe, October 21, 2008.
"McCain’s
Privacy Paper Gets His Own Record Wrong," The Wonk Room, August 15, 2008.
“The
ID Divide,” Center for American Progress, May 6, 2008 (with Cassandra Q.
Butts).
Comments submitted to the Federal Trade Commission on Proposed Principles for
Online Behavioral Advertising, April 10, 2008 (with Annie Antón).
“Bush’s
Budget Repeats Cybersecurity Mistakes,” Center for American Progress, Feb.
4, 2008.
“Privacy
Key to Yahoo Merger; Microsoft Bid Must Ensure Safeguards,” Center for
American Progress, February 1, 2008.
“Google
and Privacy: Merger with DoubleClick Prompts New Privacy Guidelines,” Center
for American Progress, Dec. 20, 2007.
“We
Are the Web,” Center for American Progress, Dec. 18, 2007.
“Protecting
Consumers: Privacy Matters in Antitrust Analysis,” and Testimony submitted
to the Federal Trade Commission on Privacy and Antitrust, Center for American
Progress, Oct. 19, 2007.
Testimony before the House Oversight and Government Reform Subcommittee on
Information Policy, Census, and National Archives, on electronic medical records
and privacy, June 19, 2007.
Testimony before the Senate Judiciary Committee, on National Security Letters,
April 11, 2007.
“Transparency in Jeopardy,” (Review of Alisdair McIntyre, Blacked Out:
Government Secrecy in the Information Age), Issues in Science & Technology,
Winter, 2007.
“Funding the
FTC,” Center for American Progress, Feb. 26, 2007.
Testimony before the White House Privacy and Civil Liberties Board, Dec. 5,
2006.
"Why
There Are No Privacy Problems Raised by the Ohio Fair Minimum Wage Amendment,"
available at Swire website, October 10, 2006.
"The
Internet and the Future of Consumer Protection," Center for American
Progress, July 24,2006.
"Is Data Retention Secure?", Federal
Computer Week, June 12, 2006.
"Disclosing Records Clearly Illegal," Cincinnati Enquirer, May 21, 2006.
"Research
Report: Application of IBM Anonymous Resolution to the Health Care Sector,"
IBM Entity Analytic Solutions, February, 2006.
“Immutable Audit Logs – Accountability for Non-Transparent Systems,” Markle
Foundation Task Force on National Security (2005) (with Jeff Jonas).
“Justice
Department Opinion Undermines Protection of Medical Privacy,” Center for
American Progress, June, 2005.
Testimony Before the House Judiciary Committee, on Section 218 of the Patriot
Act, April, 2005.
Testimony Before the House Judiciary Committee, on Sections 209 & 217 of the
Patriot Act, April, 2005.
“Section 215 of the
Patriot Act,” www.patriotdebates.com, April, 2005.
“The New Federal Privacy
Officials,” Privacy & Information L. Rept., Mar. 2005, at 8.
“The
Wrong Civil Liberties Board,” Center for American Progress guest editorial,
Sept. 2004.
“Has
Technology Outstripped Telephone Legal Protections?”, Privacy Journal, June,
2004, at 3.
Comments submitted to federal financial regulatory agencies on short privacy
notices, Mar. 29, 2004.
“Don’t
Delete Internet Privacy”, Detroit Free Press, Aug. 26, 2003.
“Protecting Privacy from the
‘New Spam’”, Boston Globe, July 27, 2003, at E11.
“Enforcement of the HIPAA Privacy Rule: The Past Is Our Guide”, Privacy &
Information Law Reporter, June, 2003, at 1 (with Brian Busey).
“Reauthorization of
the Fair Credit Reporting Act”, testimony before the Financial Services
Committee of the U.S. House of Representatives, May, 2003.
“The
Online/Offline Question”, in “Considering Consumer Privacy: A Resource for
Policymakers and Practitioners” (Center for Democracy and Technology 2003).
Eisenach & Swire, “Ensuring
Privacy’s Post-Attack Survival,” www.zdnet.com, Sept.11, 2002.
“New Procedures
Under HIPAA for Disclosure of Protected Health Information in Judicial and
Administrative Proceedings,” Privacy & Information Law Reporter, Sept.,
2002, at 1 (with Brian Busey and Sean Ruff).
“Speaking
Out About Wiretaps,” Wash. Post, Aug. 30, 2002, at A23 (with John Podesta).
“Privacy and the
Homeland Security Department,” Testimony before a subcommittee of the House
Judiciary Committee, July, 2002.
Comments
submitted to the U.S. Department of Health and Human Services on medical
privacy regulation, April, 2002.
"Privacy and the
Future of Justice Statistics," Proceedings of a National Conference on
Privacy, Technology, and Criminal Justice Information , SEARCH -- The National
Consortium for Justice Information and Statistics (2001).
"If Surveillance Expands,
Safeguard Civil Liberties," Atlanta Journal Constitution, October 21, 2001.
"Administration
Wiretap Proposal Hits the Right Issues But Goes Too Far," Brookings
Terrorism Project Website, October 3, 2001.
"Cato Privacy Paper Not
Persuasive," available at Swire website, August 10, 2001 (critiquing Tom
Bell, "Internet Privacy and Self-Regulation: Lessons from the Porn Wars").
"New Study Substantially
Overstates Costs of Internet Privacy Protections," available at Swireweb
site, May 9, 2001 (critiquing Robert Hahn, "As Assessment of the Costs of Online
Privacy Protection").
"Peter Swire on Privacy, Pay
Phones, and Strong Crypto," Electronic Banking Law and Commerce Report,
April, 2001, p. 1 (interview on financial privacy).
Comments submitted to the U.S. Department of Health and Human Services on
medical privacy regulation, April, 2001.
"Privacy is Peter Swire's
Domain: Behind the Scenes He's President's Go-to Guy," by Elizabeth Weise,
USA Today, June 7, 2000, Life Section, p. 1 (press profile).
Comments
submitted to the U.S. Department of Commerce on the proposed safe harbor for
transborder data flows, December, 1998.
"The
Great Wall of Europe," CIO Magazine, Feb. 15, 1998, at 26.
"Invasion of the Space Alien Movies,"
Ohio State Hearsay, Sept. 1997.
"The Consumer Credit Reporting
Reform Act and the Future of Electronic Commerce Law," Electronic Banking
Law & Commerce Rep., Nov./Dec. 1996.
Testimony before the U.S. Senate Banking Committee, concerning proposed reform
of bank insolvency laws, June, 1995.
"Bank on Streamlined Regulation,"
Wall St. J., Nov. 21, 1994, at A16.
"Jonah, the Bible, and Environmental Values," Va. L. Weekly, Sept. 23, 1994, at
1.
"Lifting CRA's Threat to Mergers," American Banker, Jan. 5, 1993, at 4.
"Good Old Days Disappear in Banking Regulation," Va. L. Rept., Summer, 1991, at
21.
Eizenstat & Swire, "Try Efforts
That Are Neutral of Race, Too," Los Angeles Times, Feb. 14, 1989.
"Tropical Chic", The New Republic, Jan. 30, 1989.
Lazarus & Swire, "Reactionary
Activism", The New Republic, Feb. 22, 1988.
Unpublished Materials
The following
are selected works that were never published but which provide historical
perspective on my work in privacy and information technology.
"The
Administration Response to the Challenges of Protecting Privacy,"
Stanford L. Rev. Symposium on Privacy, Jan. 8, 2000. This almost-finished law
review article provides a contemporaneous description of what we were trying to
accomplish on privacy about halfway through my time in the Clinton
Administration.
“Public Feedback Regulation: Learning
to Govern In The Age of Computers, Telecommunications, and the Media.” This
was my first writing on the law of cyberspace, presented to the faculty at the
University of
Virginia in January, 1993.
That was early enough that I had to define “cyberspace” in the first paragraph.
Although I disagree now with some of the specifics, the main insight holds up –
the Internet allows far greater transparency and user empowerment than previous
communication technologies.
“The
Onslaught of Complexity: Information Technology and Developments in Legal and
Economic Thought.” This was my undergraduate thesis, which shared a prize
for best thesis in 1980 in the
Woodrow
Wilson
School at
Princeton. For better or worse, it works on
the same themes as much of my later work – the intersection of information
technology, economics, and law.
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