# Law Professor Dan Solove’s New Article on Privacy Regulation
In a recent email, law professor Dan Solove shared details about his new article on privacy regulation, which he believes marks a significant breakthrough in his research on privacy consent. Solove’s article delves into the concept of privacy consent, arguing that it is often fictitious and should be approached differently to ensure a positive outcome.
## The Role of Consent in Privacy Laws
Solove’s article highlights the profound role that consent plays in privacy laws, with the ability to transform activities that would otherwise be illegal into lawful practices. He explains that consent authorizes and legitimizes various data collection and processing activities, shaping the landscape of privacy regulations.
## Challenges with Current Approaches to Consent
The article discusses two predominant approaches to consent in privacy law – the notice-and-choice approach in the United States and the express consent approach in the European Union under the General Data Protection Regulation (GDPR). Solove argues that both approaches fall short, with issues such as lack of evidence of actual consent, pressure on individuals, and impracticality in scaling consent requests.
## Introducing the Concept of “Murky Consent”
Solove proposes a new approach to consent in privacy regulation, which he terms “murky consent.” This concept acknowledges the fictional nature of consent in privacy and aims to restrict the power and legitimacy conferred by consent. Murky consent introduces regulatory oversight and duties to ensure that the outcomes of consent are beneficial and promote the integrity of privacy regulations.
## Key Points
– Privacy consent is often fictitious and should be viewed through the lens of “murky consent.”
– Current approaches to consent in privacy laws, such as notice-and-choice and express consent, have limitations and fail to address the complexities of data processing.
– Murky consent suggests a shift towards a more restricted and regulated form of consent, backed by duties that ensure positive outcomes for individuals.
– Solove’s article presents a new perspective on privacy regulation and the role of consent in shaping data protection practices.
In conclusion, Dan Solove’s article offers a thought-provoking analysis of privacy regulation and the challenges associated with consent. By introducing the concept of “murky consent” and advocating for a more regulated approach to privacy consent, Solove aims to improve the integrity and effectiveness of privacy laws in the digital age.