Danielle Citron

Citron graduated from Duke University, and the Fordham University School of Law.[2] She is an Affiliate Scholar at the Center for Internet and Society,[3] an Affiliate Fellow at the Yale Information Society Project,[4] a Tech Fellow at NYU's Policing Project, and a member of the Principles Group for the Harvard-MIT Artificial Intelligence (AI) Fund. [5] In 2017, she was elected as a member of the American Law Institute[6] and currently serves on the Advisory Board of ALI's Information Privacy Principles Project.[7] She is the Vice President and Board Member of the Cyber Civil Rights Initiative, a civil rights and civil liberties project named after her article Cyber Civil Rights (Boston U Law Review, 2009).[8][9] She serves on the advisory board of Teach Privacy,[10] SurvJustice,[11] the International Association of Privacy Professionals Privacy Bar,[12] and Without My Consent.[13] She serves on Twitter’s Trust and Safety Council,[14] and the Board of Directors for the Future of Privacy Forum.[15] She was the Chair of the Electronic Privacy Information Center’s Board of Directors (2017-2019) and currently serves on the board.[16] In 2019, Citron was awarded a MacArthur Fellowship for her work in cyber harassment.[17]

Citron is an expert on online harassment,[18][19] and has written for the New York Times,[20] Slate Magazine,[21] The Atlantic,[22] The New Scientist,[23] TIME,[24] and Al Jazeera.[25] She has been a guest on The Diane Rehm Show, The Kojo Nnamdi Show, and Slate Magazine's The Gist podcast.[26][27][28] She is also a Forbes contributor.[29] She has authored over 30 law review articles.[30]

Citron helped Maryland State Senator Jon Cardin draft a bill criminalizing the nonconsensual publication of nude images, which was passed into law in 2014.[31] From 2014 to December 2016, Citron served as an advisor to California Attorney General Kamala Harris.[32] She served as a member of AG Harris’s Task Force to Combat Cyber Exploitation and Violence Against Women.[33]

Citron is a critic of Section 230 of the Communications Decency Act, stating that it gives online platforms a "free pass" from having to do moderation, while market forces are driving a rise of "salacious, negative, and novel content" on the Internet.[34] In a 2017 Fordham Law Review paper with Benjamin Wittes, Citron argued that "the internet will not break [from] denying bad samaritans § 230 immunity".[35] At a House Intelligence Committee hearing in June 2019[36][37] and at a House Energy and Commerce Committee hearing in October 2019, Citron proposed to condition section 230 protection on "reasonable" content moderation practices, an idea which the Electronic Frontier Foundation called "terrifying", arguing it would lead to excessive litigation risks especially for small businesses.[38] On the other hand, Citron has expressed partial agreement with critics of the 2018 FOSTA act, in particular with regard to uncertainties resulting from the law's "knowing facilitation" standard.[39]

Books

• Danielle Keats Citron (2014). Hate Crimes in Cyberspace. Harvard University Press. ISBN 978-0-674-36829-3. [40][41][42][43]

Book chapters

• Danielle Keats Citron (2019). Susan Brison and Katharine Gelber, eds. “Why Combating Online Abuse Is Good For Free Speech,” in Free Speech in the Digital Age. Oxford University Press
• Danielle Keats Citron (with Quinta Jurecic) (2018). “Platform Justice: Content Moderation at an Inflection Point.” in Hoover Institute Aegis Series.
• Danielle Keats Citron (with Liz Clark Rinehart) (2017). David Gray and Stephen Henderson, eds. “The Surveillance Implications of Combatting Cyber Harassment.” in Cambridge Handbook of Surveillance Law.
• Danielle Keats Citron (2015). Marc Rotenberg, Jeramie Scott, and Julia Horwitz, eds. "Protecting Sexual Privacy in the Information Age" in Privacy in the Modern Age. New Press. ISBN 978-1620971079
• Danielle Keats Citron (2011). Martha Nussbaum & Saul Levmore (ed.). Civil Rights in the Information Age, in The Offensive Internet: Speech, Privacy and Reputation. Harvard University Press. ISBN 978-0674064317.

Articles

• The Automated Administrative State: The Crisis of Legitimacy, Emory L.J. (forthcoming) (with Ryan Calo).
• Cyber Mobs, Disinformation, and Death Videos: The Internet As It Is and As It Should Be, 118 Mich. L. Rev. (forthcoming).
• The Internet As a Speech Conversion Machine and Other Myths Confounding Section 230 Reform Efforts, U. Chi. Legal F. (forthcoming) (with Mary Anne Franks).
• When Law Frees Us to Speak, 87 Fordham L. Rev. 2317 (2019) (with Jonathan Penney).
• Why Sexual Privacy Matters for Trust, 96 Wash. U. L. Rev 1189 (2019).
• Deep Fakes: The Looming Crisis for Privacy, Democracy, and National Security, 107 Calif. L. Rev. 1753(2019) (with Robert Chesney).

o Described as "one of the best works in Cyber law" in Jotwell.

• Sexual Privacy, 128 Yale L. J. 1870 (2019).

o Winner of 2018 Privacy Papers for Policymakers Award (awarded to Top 5 privacy papers).

• The Roots of Sexual Privacy: Warren and Brandeis & the Privacy of Intimate Life, 42 Colum J.L. & Arts 383 (2019).
• A Poor Mother’s Right to Privacy: A Review, 98 B.U. L. Rev. 1139 (2018).
• Four Principles for Digital Speech (You Won’t Believe #3!) 95 Wash. U. L. Rev. 1353 (2018) (with Neil Richards).
• The Problem Isn’t Just Backpage: Revising Section 230 Immunity, 2 Geo. Tech. L. Rev. 453 (2018) (with Benjamin Wittes).
• Extremist Speech, Compelled Conformity, and Censorship Creep, 93 Notre Dame L. Rev. (2018).
• Risk and Anxiety: A Theory of Data Breach Harms, 96 Tex. L. Rev. (2018) (with Daniel J. Solove).
• The Internet Will Not Break: Denying Bad Samaritans Section 230 Immunity, Fordham L. Rev. (2017) (with Benjamin Wittes).

o Exerpted in Geoffrey Stone, Louis Seidman, Cass Sunstein, and Mark Tushnet, The First Amendment: Supplement (5th ed.).

• The Privacy Policymaking of State Attorneys General, 92 Notre Dame L. Rev. 747 (2016).

o Recipient of the International Association of Privacy Professionals Award for Best Paper at the 2016 Privacy Law Scholars conference.

o Winner of the 2016 Privacy Papers for Policymakers Award (awarded to Top 5 privacy papers).

• Spying Inc., 72 Wash. & Lee L. Rev. (2015).[44]

o Discussed in Kadish, Schulhoffer & Barkow, Criminal Law and Processes (10th ed. 2016).

o Cited in A.A.C. v. Miller-Pomlee, 440 P.3d 106 (Or. Ct. App. Apr. 3, 2019).

• The Scored Society: Due Process for Automated Predictions, 89 Wash. L. Rev. 1 (2014) (with Frank Pasquale).

o Recipient of the International Association of Privacy Professionals Award for Best Paper at the 2014 Privacy Law Scholars conference.

o Cited in Executive Office of the President, Big Data: A Report on Algorithmic Systems, Opportunity, and Civil Rights (May 2016) and Federal Trade Commission, Big Data: A Tool for Inclusion or Exclusion (January 2016).

o Recipient of the Future of Privacy Award for Top Privacy Papers for Policymakers.

• Criminalizing Revenge Porn, 49 Wake Forest L. Rev. 345 (2014) (with Mary Anne Franks).

o Discussed in Daniel J. Solove & Paul Schwartz, Information Privacy Law (5th ed. 2015)

o Cited extensively in People v. Austin (Ill. Sup. Ct. Oct. 18, 2019).

o Cited by Patel v. Hussain (Tex. App. Ct. Jan. 21, 2016).

o Cited extensively in State v. VanBuren (Vt. Sup. Ct. September 3, 2018).

• Promoting Innovation While Preventing Discrimination: Policy Goals for a Scored Society, 89 Wash. L. Rev. (2014) (with Frank Pasquale).
• The Right to Quantitative Privacy, 98 Minn. L. Rev. 62 (2013) (with David Gray).
• A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy, 14 N.C. J.L. & Tech. 381 (2013) (with David Gray).
• Fighting Cybercrime After United States v. Jones, 103 J. Crim. L. & Criminology 745 (2013) (with David Gray and Liz Clark Rinehart).
• Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards, 126 Harvard Law Review Forum 262 (2013) (with David Gray).
• Mainstreaming Privacy Torts, 98 Cal. L. Rev. 1805 (2011).

o Excerpted in William McGeveran, Privacy and Data Protection Law (Aspen 2016).

• Intermediaries and Hate Speech: Fostering Digital Citizenship for the Information Age, 91 B.U. L. Rev. 1435 (2011) (with Helen Norton).
• Network Accountability for the Domestic Intelligence Apparatus, 62 Hastings L.J. 1441 (2011) (with Frank Pasquale).
• Government Speech 2.0, 88 Denv. L. Rev. 899 (2010) (with Helen Norton).
• Cyber Civil Rights: Looking Forward, 87 Denver University Law Review Online 1 (2010).
• Book Review, Visionary Pragmatism and the Value of Privacy in the Twenty-First Century, 108 Mich. L. Rev. 1107 (2010) (reviewing Daniel J. Solove (2008). Understanding Privacy. Harvard University Press. ISBN 978-0674035072.) (with Leslie Meltzer Henry).
• Fulfilling Government 2.0's Promise with Robust Privacy Protection, 78 Geo. Wash. L. Rev. 822 (2010).
• Law's Expressive Value in Combating Cyber Gender Harassment, 108 Mich. L. Rev. 373 (2009).
• Cyber Civil Rights, 89 B.U. L. Rev. 61 (2009).

o Excerpted in Geoffrey Stone, Louis Seidman, Cass Sunstein, Mark Tushnet, and Pamela Karlan, Constitutional Law: Supplement (6th ed. 2016).

o Reprinted in The First Amendment Law Handbook (Rodney Smolla, ed. 2010).

o Excerpted in Daniel J. Solove & Paul Schwartz, Information Privacy Law (5th ed. 2015).

o Featured as the centerpiece of a symposium held by Denver University Law Review in Nov. 2009 .

o Featured in online symposium at Concurring Opinions Blog in April 2009.

o Recommended in Daniel J. Solove & Paul Schwartz, Privacy Law Fundamentals (2d ed. 2013).

• Technological Due Process, 85 Wash. U. L. Rev. 1249 (2008).
• Open Code Governance, 16 U. Chi. Legal F. 355 (2008).
• Reservoirs of Danger: The Evolution of Public and Private Law at the Dawn of the Information Age, 80 S. Cal. L. Rev. 241 (2007).
• Minimum Contacts in a Borderless World: Voice over Internet Protocol and the Coming Implosion of Personal Jurisdiction Theory, 39 University of California Davis Law Review 101 (2006).

• 2019 MacArthur Fellow[45]

• UMB 2018 Champion of Excellence[46]

• 2018 Privacy for Policymakers Best Paper Award for "Sexual Privacy"[47]

• 2016 Privacy for Policymakers Best Paper Award for "The Privacy Policymaking of State Attorneys General" and "Risk and Anxiety: A Theory of Data Breach Harms" (coauthored with Daniel J. Solove)[48]

• Best Paper of 2016, International Association of Privacy Practitioners for "The Privacy Policymaking of State Attorneys General"[49]

• Best Paper of 2014, International Association of Privacy Practitioners for "The Scored Society" (coauthored with Frank Pasquale)[50]

• Top 50 World Thinkers, 2015, Prospect UK Magazine (naming 50 “leaders in their fields, engaging in original and profound ways with the central questions of the world today—whether in economics, science, philosophy, religion or feminism. We chose them based on recommendations from our wide pool of writers and editors”).[51]

• Top 50 Most Influential Marylanders, 2015, The Daily Record[52]

Wikimedia Commons has media related to Danielle Citron.

• Danielle Keats Citron, official site