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F. Paul Greene F. Paul Greene

It has always been a “happy incident” of our federal system that a “courageous State” may “try novel social and economic experiments without risk to the rest of the country.” See New State Ice Co. v. Liebmann, 285 U.S. 262, 311 (1932) (Brandeis, J. dissenting). In relation to data protection laws, however, this has led to an unintended and potentially unworkable level of complexity on the national level. This complexity first arose in relation to data breach notification statutes, which began in California in 2002 and soon spread to all 50 states, albeit with wide variations in terminology and scope.

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