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

Show all

7.
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

6.
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

5.
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

4.
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

3.

Hoofnagle, Chris Jay; Altaweel, Ibrahim; Cabrera, Jaime; Choi, Hen Su; Ho, Katie; Good, Nathaniel

Online pharmacies and technology crime Book Section

In: McGuire, Michael; Holt, Thomas J. (Ed.): The Routledge Handbook of Technology, Crime and Justice, pp. 146–160, Routledge, 2017.

Abstract | Links | BibTeX | Tags: Cybercrime, Cybersecurity, Deterrence Theory

2.

Kesari, Aniket; Hoofnagle, Chris Jay; McCoy, Damon

Deterring Cybercrime: Focus on Intermediaries Journal Article

In: Berkeley Technology Law Journal, vol. 32, no. 3, pp. 1093, 2017.

Abstract | Links | BibTeX | Tags: Cybercrime, Cybersecurity, Deterrence Theory

1.

Cardenas, Alvaro; Radosavac, Svetlana; Grossklags, Jens; Chuang, John; Hoofnagle, Chris Jay

An economic map of cybercrime Proceedings Article

In: TPRC 2009.

Abstract | Links | BibTeX | Tags: Cybercrime, Deterrence Theory

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.


  • What is the Faculty Bearometer

    The Faculty Bearometer is a one-question survey posed to the Senate Faculty on issues of teaching and governance. Read more about it here.

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  • What is the Faculty Budget Forum (FBF)?

    The Faculty Budget Forum is Berkeley largest email list for faculty-to-faculty interaction on governance matters.

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  • Fundamental Challenge: Strategy

    Understanding our terminal goals is the core challenge of governance. Our terminal goals are to have world-class research and excellent teaching. Our governance activities should focus on promoting these strategic goals, and limiting the effects of other goals on these strategic goals. It’s easier for me to get reimbursed by stodgy European universities, where I…

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  • Proposed Principles for Policy Evaluation

    All senate committees should consider this framework for policy analysis.

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  • Questions for the Vice Chancellor for Administration

    In my opinion, some of Berkeley’s biggest problems emerge from the VCA’s portfolio.

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  • On Administrative Misalignment

    This is my diagnosis of Berkeley’s ills: a problem I call administrative misalignment. Some administrators are not working for Berkeley; they are working for something else. Maybe themselves.

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  • Comments on “Sustainability”

    Comments on the Proposed Presidential Policy on Sustainable Practices Thank you for inviting comment on the Proposed Presidential Policy on Sustainable Practices (“Policy”). While well-intended, the Policy creates numerous requirements untethered from our terminal goals of excellence in research and teaching. The Policy will require effort from many staff and consultants while not improving teaching…

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