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Volume 53 Issue 1

Article

Comparing Consent to Cookies: A Case for Protecting Non-Use

Meg Leta Jones & Jenny Lee

4 Apr 2021

During Mark Zuckerberg’s testimony before Congress in April 2018, eight different senators asked the Facebook CEO about European privacy rights and whether Americans should or would receive similar protections.[1]Facebook, Social Media Privacy, and the Use and Abuse of Data, U.S. Senate (Apr. 10, 2018), https://www.commerce.senate.gov/2018/4/facebook-social-media-privacyand-the-use-and-abuse-of-data … Continue reading The European Union’s General Data Protection Regulation (GDPR)[2]Council Regulation 2016/679, of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free … Continue reading put European privacy squarely in front of American technology companies, users, and policymakers. Having long been criticized for a lackluster privacy regime, the United States (U.S.) is set to seriously consider broad national data protection legislation after California managed to pass the Consumer Privacy Act (CCPA),[3]CAL. CIV. CODE § 1798.100 (West 2020). which will go into effect in 2020 if not preempted by federal law.

References

References
1 Facebook, Social Media Privacy, and the Use and Abuse of Data, U.S. Senate (Apr. 10, 2018), https://www.commerce.senate.gov/2018/4/facebook-social-media-privacyand-the-use-and-abuse-of-data [https://perma.cc/TDB3-YXWG] [hereinafter Zuckerberg Hearing] (statement of Mark Zuckerberg, Chairman and Chief Executive Officer, Facebook).
2 Council Regulation 2016/679, of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/ EC, 2016 O.J. (L 119) [hereinafter GDPR].
3 CAL. CIV. CODE § 1798.100 (West 2020).

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Jenny Lee holds a Masters in Communication, Culture & Technology from Georgetown University and is a Ph.D. student at the Annenberg School for Communication at the University of Pennsylvania. Meg Leta Jones, J.D., Ph.D., is an Associate Professor of international technology policy at Georgetown University. The authors would like to thank the Cornell Law School community for their thoughtful feedback and engaging discussion on the topics included in this Article.