Breached!
Why Data Security Law Fails and How to Improve it
Daniel J. Solove and Woodrow Hartzog
Reviews and Awards
"Data security is one of the most challenging problems of our times. Solove and Hartzog provide a readable and smart account of how policymakers keep focusing on the wrong details at the expense of the bigger picture. Breached! is a book for anyone who is interested in why data breaches keep happening and what the law should do about it." -- Bruce Schneier, author of Data and Goliath and Click Here to Kill Everybody
"Solove & Hartzog have given us an exceptionally insightful overview of key data security challenges and the law's dysfunctional attempts to deal with them. Their scholarship helps move us past the blame-the-victim law of data breaches; it advances the roles of both thoughtful privacy practices and secure design as keys to improving data ecosystem health. Executives, policymakers, lawyers, compliance officers, and engineers will all greatly benefit from their engaging effort to develop a more holistic notion of data security law." -- Edward McNicholas, Global Cybersecurity Practice Co-Leader, Ropes & Gray
"A fascinating exploration of the ways that our fixation on individual data breaches has limited the effectiveness of data security law because we so often fail to see beyond the immediate incident in the news and the latest victim. Their brilliant argument that we need a comprehensive legal regime that breaks down the barriers between privacy and security and expands our understanding of the different stakeholders who play a role in protecting against security breaches is a much needed wake-up call. More than that, they also offer a clear roadmap for how to actually do a better job protecting our most valuable digital assets moving forward using not just technical controls but also a wide range of absolutely essential legal and policy tools." -- Josephine Wolff, Associate Professor of Cybersecurity Policy, Tufts University
"All too often, discussions of data security are mired in technical jargon and focused too much on data breaches. Breached! cuts through the confusion and explains how and why we have been thinking about data security and breaches in entirely the wrong way. Clearly written and accessible, yet wise and insightful, Breached! offers a sensible way forward for data security. Solove and Hartzog show how the future of data security requires us to look at the problem holistically, to understand how good privacy rules can also promote good security outcomes, and to realize that when it comes to data security, we have to focus on human beings as much as technology. A breath of fresh air on an important and often-ignored topic, this is essential reading not just for policymakers, but for anyone interested in the safety and security of our digital world." -- Neil Richards, Professor of Law, Washington University
"A compelling account of where data security law has gone wrong plus convincing advocacy of where it should go. This book should be read by anyone involved in privacy and cybersecurity." -- Paul Schwartz, Professor of Law, Berkeley Law School
"With Breached!, Daniel Solove and Woodrow Hartzog have made a foundational contribution to data security law. With deep insight, compelling storytelling, and even humor (and some needed fright), the scholars show that lawmakers must better understand that beneath the high-tech wizardry and data security do's and don'ts are normal, fallible people. This book is a must read for everyone concerned about the security of our personal data. It is creative and practical in its solutions. Bravo!" -- Danielle Keats Citron, Jefferson Scholars Foundation Schenck Distinguished Professor in Law and Caddell and Chapman Professor of Law, University of Virginia School of Law
"Solove and Hartog offer a clear, accessible, persuasive case that data security today needs a systematic approach, far beyond just mopping up breaches. I hope every regulator or legislator working on the subject reads this book and follows their advice." -- William McGeveran, Associate Dean for Academic Affairs, Gray, Plant. Mooty, Mooty, and Bennett Professor of Law, University of Minnesota Law School