Here are two excellent resources to help untangle the giant spaghetti of emerging privacy regulations spreading though America right now.
- A detailed IAPP US State Privacy Legislation Tracker showing California, Colorado, Utah and Virginia moving first with Oklahoma coming up soon.
- A Privacy Harms paper by Citron and Solove:
Privacy harms consist of various different types, which to date have been recognized by courts in inconsistent ways. Our typology of privacy harms elucidates why certain types of privacy harms should be recognized as cognizable. […] In many cases, harm should not be required because it is irrelevant to the purpose of the lawsuit. Currently, much privacy litigation suffers from a misalignment of enforcement goals and remedies.
These resources perhaps even put to rest a kind of bogus “market” analysis I have found all too common in technology and economics circles, where people bizarrely attempt to argue no harm exists from a loss of privacy and/or only “big city folk” or coastal areas care about privacy.