Chris Jay Hoofnagle is Professor of Law in Residence at the University of California, Berkeley, School of Law, where he teaches cybersecurity, programming for lawyers, and torts. He is affiliated faculty with the Simons Institute for the Theory of Computing and the Center for Security in Politics. In Spring 2024, Hoofnagle visitied King’s College Department of War Studies.

Hoofnagle’s new book with Golden G. Richard III is Cybersecurity in Context (Wiley forthcoming 2024). Previous works include Law and Policy for the Quantum Age (with Simson Garfinkel, 2022) and Federal Trade Commission Privacy Law and Policy (2016), both with Cambridge University Press.

An elected member of the American Law Institute, Hoofnagle is of counsel to Gunderson Dettmer LLP, a longtime advisor to Palantir Technologies, and a member of the National Academies Intelligence Science and Technology Experts Group (ISTEG).

With Professor Daniel Solove, Hoofnagle founded the Privacy Law Scholars Conference.

Chris Hoofnagle

In-progress works

  • Military ML: Missing the Target

    Military ML: Missing the Target

    Are we on the precipice of developing autonomous killer robots; unmanned technologies that will completely dominate conflict, remorselessly, perfectly? Some advocates think so but this article explains why the killer robot view is misplaced and in its misdirection, draws attention away from how militaries are likely to use machine learning (ML) and artificial intelligence (AI)…

  • The Techcons

    The Techcons

    Revisiting Arthur Leff’s Swindling and Selling Yale Law Professor Arthur Leff wrote a powerful, market-structure analysis of consumer fraud in his 1976 Swindling and Selling. That work is more or less lost to history. Leff explained that con artists attempted to impose a false economy on marks. In a perfect congame, such as the Spanish Prisoner,…

  • What is consumer privacy?

    What is consumer privacy?

    In this essay for a lecture at Stanford University, I attempt to explain consumer privacy as a deterrence theory strategy. I argue that privacy does have methods of analysis, based in fair information practices, while popular use of the term “privacy” is loose, a shibboleth representing uncertain values. This wide-ranging essay then goes on to…

Publications

h-index: 32, i10: 43

80 entries « 1 of 4 »
80.
Cybersecurity in Context

Hoofnagle, Chris Jay; III, Golden R. Richard

Cybersecurity in Context Book

1st, Wiley, 2024, ISBN: 978-1-394-26244-1.

Abstract | Links | BibTeX | Tags: Cybersecurity, Deterrence Theory, National Security

79.
Cyberdefending Taiwan: Lessons from Ukraine (Conference Report)

Hoofnagle, Chris Jay

Cyberdefending Taiwan: Lessons from Ukraine (Conference Report) Technical Report

2023.

Abstract | Links | BibTeX | Tags: Cybersecurity, National Security

78.
Quantum Sensors—Unlike Quantum Computers—Are Already Here

Hoofnagle, Chris Jay; Garfinkel, Simson L

Quantum Sensors—Unlike Quantum Computers—Are Already Here Journal Article

In: DefenseOne, 2022.

Abstract | Links | BibTeX | Tags: National Security, Quantum

77.
Quantum Cryptanalysis: Hype and Reality

Hoofnagle, Chris Jay; Garfinkel, Simson L

Quantum Cryptanalysis: Hype and Reality Journal Article

In: Lawfare: Hard National Security Choices, 2022.

Abstract | Links | BibTeX | Tags: National Security, Privacy, Quantum

76.
What if quantum computing is a bust?

Hoofnagle, Chris Jay; Garfinkel, Simson L

What if quantum computing is a bust? Journal Article

In: Slate Future Tense, 2022.

Abstract | Links | BibTeX | Tags: National Security, Quantum

75.
ACM TechBrief: Quantum Computing and Simulation

Garfinkel, Simson L.; Hoofnagle, Chris J.

ACM TechBrief: Quantum Computing and Simulation Journal Article

In: ACM TechBriefs, 2022.

Abstract | Links | BibTeX | Tags: National Security, Quantum

74.
Law and Policy for the Quantum Age

Hoofnagle, Chris Jay; Garfinkel, Simson L.

Law and Policy for the Quantum Age Book

Cambridge University Press (Open Access Published), 2022.

Abstract | Links | BibTeX | Tags: National Security, Quantum, Strategic Risk

73.
Breaking the Privacy Gridlock: A Broader Look at Remedies

Dempsey, James; Hoofnagle, Chris Jay; Rubinstein, Ira S.; Strandburg, Katherine J.

Breaking the Privacy Gridlock: A Broader Look at Remedies Technical Report

2021.

Abstract | Links | BibTeX | Tags: Deterrence Theory, Privacy, Remedies

72.
Fighting Insider Abuse After Van Buren

Cunningham, Bryan; Grant, John; Hoofnagle, Chris Jay

Fighting Insider Abuse After Van Buren Journal Article

In: Lawfare: Hard National Security Choices, 2021.

Abstract | Links | BibTeX | Tags: Cybersecurity, Deterrence Theory, National Security

71.
The Apple Privacy Debate: Scanning Photos Is in Service of `Human Freedoms'

Hoofnagle, Chris Jay

The Apple Privacy Debate: Scanning Photos Is in Service of `Human Freedoms’ Journal Article

In: Future of Sex, 2021.

Abstract | Links | BibTeX | Tags: Cybersecurity

70.
Mark Zuckerberg's Delusion of Consumer Consent

Turow, Joseph; Hoofnagle, Chris Jay

Mark Zuckerberg’s Delusion of Consumer Consent Journal Article

In: The New York Times, 2019.

Abstract | Links | BibTeX | Tags: Privacy

69.
The European Union general data protection regulation: what it is and what it means

Hoofnagle, Chris Jay; Sloot, Bart; Borgesius, Frederik Zuiderveen

The European Union general data protection regulation: what it is and what it means Journal Article

In: Information & Communications Technology Law, vol. 28, no. 1, pp. 65–98, 2019.

Abstract | Links | BibTeX | Tags: GDPR, Privacy

68.
The Tethered Economy

Hoofnagle, Chris Jay; Kesari, Aniket; Perzanowski, Aaron

The Tethered Economy Journal Article

In: Geo. Wash. L. Rev., vol. 87, no. 4, pp. 783, 2019.

Abstract | Links | BibTeX | Tags: Antitrust Law, Competition Law, Consumer Protection

67.
The Federal Trade Commission’s Inner Privacy Struggle

Hoofnagle, Chris

The Federal Trade Commission’s Inner Privacy Struggle Book Section

In: Selinger, Evan; Polonetsky, Jules; Tene, Omer (Ed.): The Cambridge Handbook of Consumer Privacy, pp. 168, Cambridge University Press, 2018.

Abstract | Links | BibTeX | Tags: Deterrence Theory, FTC, Privacy, Remedies

66.
Facebook in the Spotlight: Dataism vs. Personal Autonomy

Hoofnagle, Chris Jay

Facebook in the Spotlight: Dataism vs. Personal Autonomy Journal Article

In: JURIST – Academic Commentary, 2018.

Abstract | Links | BibTeX | Tags: Privacy

65.
Designing for Consent

Hoofnagle, Chris Jay

Designing for Consent Journal Article

In: Journal of European Consumer and Market Law, vol. 7, no. 4, pp. 162–171, 2018.

Abstract | Links | BibTeX | Tags: GDPR, Privacy

64.
Sponsored Blog Content: What Do the Regulations Say: And What Do Bloggers Say

Boerman, Sophie C; Helberger, Natali; Noort, Guda; Hoofnagle, Chris Jay

Sponsored Blog Content: What Do the Regulations Say: And What Do Bloggers Say Journal Article

In: J. Intell. Prop. Info. Tech. & Elec. Com. L., vol. 9, pp. 146, 2018.

Abstract | Links | BibTeX | Tags: Consumer Protection

63.
Facebook and Google are the new data brokers

Hoofnagle, Chris Jay

Facebook and Google are the new data brokers Journal Article

In: Cornell Digital Life Initiative Critical Reflections, 2018.

Abstract | Links | BibTeX | Tags: Privacy

62.
What We Buy When We 'Buy Now'

Perzanowski, Aaron; Hoofnagle, Chris Jay

What We Buy When We ‘Buy Now’ Journal Article

In: University of Pennsylvania Law Review, vol. 165, pp. 315, 2017.

Abstract | Links | BibTeX | Tags: Consumer Protection

61.
Privacy on Adult Websites

Altaweel, Ibrahim; Hils, Maximillian; Hoofnagle, Chris Jay

Privacy on Adult Websites Proceedings Article

In: Workshop on Technology and Consumer Protection (ConPro’17), co-located with the 38th IEEE Symposium on Security and Privacy, San Jose, CA (2017), 2017.

Abstract | Links | BibTeX | Tags: Privacy

80 entries « 1 of 4 »

For a list of research organized by research theme/question, click here.

Teaching


  • Cybersecurity in Context

    CiC Horse Head

    New course: Fall 2024! In fall 2024, I will teach Cybersecurity in Context in the Legal Studies program (LS 190). The course will be based on my new textbook with Golden G. Richard III. Course Description Cybersecurity has become instrumental to economic activity and human rights alike. But as digital technologies penetrate almost every aspect…

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  • Cybersecurity Courses @ Cal

    Cybersecurity at Berkeley

    A growing number of faculty are offering cybersecurity courses at Cal. Consider taking: The Center for Security in Politics offers a graduate certificate in security policy. Many of the electives are open to undergraduates. They include GSPP PP 155/255 Introduction to Security Policy (Professors Janet Napolitano and Daniel Sargent) PPC285 and NUCENG 285C Nuclear Security: The…

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  • Computer Programming for Lawyers

    Computer Programming for Lawyers

    Most recent syllabus: Spring 2023. Clients increasingly want their lawyers to understand their products and services on a technical level. Regulators need to understand how their rules will be implemented in code. Lawyers increasingly need tools to automate the process of collecting, organizing, and making sense of impossibly large troves of information. Computer Programming for…

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  • Torts (1L)

    A train ticket

    Welcome to your first year of law school and to torts, a topic as rich as it is traditional in legal education. Torts provides an expansive lens to learn about the American legal system. This course will cover the basics of torts and in the process, the fundamental reasons and principles underlying doctrine. Learning Goals:…

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  • Cybersecurity Working Group

    Cyber Bear

    We will discuss cybersecurity policy among a group of graduate, professional, and undergraduate students. The FCWG will be led by Andrew Reddie in Fall 2023 and Spring 2024. Chris Hoofnagle will lead it in Spring 2025 Previous syllabi (Fall 2023, Spring 2023, Fall 2022, Fall 2021, Spring 2021, Spring 2020, Spring 2019, Spring 2018, Fall 2017, Spring 2017)

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  • Technology for Lawyers Workshop (TLW)

    A bear working at a computer

    Technology for Lawyers Workshop (TLW) is a self-paced, two-session workshop covering the computer skills most important to success in law school. By working along and doing the exercises, you’ll become a more efficient user of your computer, and in the process, develop Microsoft Word templates you can use for law school assignments. Anyone in the…

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  • Inactive Courses

    Privacy Law for Technologists Information privacy law profoundly shapes how internet-enabled services may work. Privacy Law for Technologists will translate the regulatory demands flowing from the growing field of privacy, information security, and consumer law to those who are creating interesting and transformative internet-enabled services. The course will meet twice a week, with the first…

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Governance

Berkeley has big problems with governance. I have a hypothesis of what has gone wrong and what to do about it.