Faculty

Photo of Frank Pasquale

Frank Pasquale

Professor of Law

Phone: (410) 706-4820
Fax: (410) 706-0407
E-mail:
fpasquale @ law.umaryland.edu

Office: 247

BA, summa cum laude, Harvard University,
MPhil, Oxford University
JD, Yale Law School


Biography | Selected Publications | In the News

Frank Pasquale’s research addresses the challenges posed to information law by rapidly changing technology, particularly in the health care, internet, and finance industries. He is a member of the NSF-funded Council for Big Data, Ethics, and Society, and an Affiliate Fellow of Yale Law School’s Information Society Project.  He frequently presents on the ethical, legal, and social implications of information technology for attorneys, physicians, and other health professionals. His book  The Black Box Society: The Secret Algorithms that Control Money and Information (Harvard University Press, 2015) develops a social theory of reputation, search, and finance.

Pasquale has been a Visiting Fellow at Princeton’s Center for Information Technology, and a Visiting Professor at Yale Law School and Cardozo Law School. He was a Marshall Scholar at Oxford University. He has testified before the Judiciary Committee of the House of Representatives, appearing with the General Counsels of Google, Microsoft, and Yahoo. He has also presented before a Department of Health & Human Services/Federal Trade Commission Roundtable and panels of the National Academy of Sciences. He served on an American Academy of Arts and Sciences working group on the future of mobile health (mHealth) regulation.  He has received a commission from Triple Canopy to write and present on the political economy of automation.

Pasquale serves on the Advisory Boards of the Data Competition Institute, Patient Privacy Rights and the Electronic Privacy Information Center. He is is on the editorial boards of the Journal of Legal Education and the Oxford Handbooks Online in Law. He has served on the executive board of the Health Law Section of the American Association of Law Schools (AALS), and has served as chair of the AALS section on Privacy and Defamation. He has been quoted in the Financial Times, New York Times, Economist, CNN, and many other media outlets.

Books

The Black Box Society: The Secret Algorithms that Control Money and Information (2015). [Abstract]

Book Chapters

The Troubling Consequences of Trade Secret Protection of Search Engine Rankings, in The Law and Theory of Trade Secrecy 381 (Rochelle Cooper Dreyfuss & Katherine Jo Strandburg eds., 2011).

Trusting (and Verifying) Online Intermediaries' Policing, in The Next Digital Decade: Essays on the Future of the Internet 347 (Berin Szoka & Adam Marcus eds., 2010). [Full Text]

Reputation Regulation: Disclosure and the Challenge of Clandestinely Commensurating Computing, in The Offensive Internet: Speech, Privacy, and Reputation 107 (Saul Levmore & Martha C. Nussbaum eds., 2010).

Dominant Search Engines: An Essential Cultural and Political Facility, in The Next Digital Decade: Essays on the Future of the Internet 401 (Berin Szoka & Adam Marcus eds., 2010). [Full Text]

Ending the Specialty Hospital Wars: A Plea for Pilot Programs as Information-Forcing Regulatory Design, in The Fragmentation of U.S. Health Care: Causes and Solutions 235 (Einer Elhauge ed., 2010). [Full Text]

Articles

The Hidden Costs of Health Care Cost-Cutting: Toward a Postneoliberal Health-Reform Agenda, Law & Contemporary Problems, Fall 2014, at 171. [Full Text]

The Scored Society: Due Process for Automated Predictions, 89 Washington Law Review 1 (2014) (with Danielle Citron). [Full Text]

Private Certifiers and Deputies in American Health Care, 92 North Carolina Law Review 1661 (2014). [Full Text]

Protecting Health Privacy in an Era of Big Data Processing and Cloud Computing, 47 Stanford Technology Law Review 595 (2014) (with Tara Adams Ragone).

Redescribing Health Privacy: The Importance of Information Policy, 14 Houston Journal of Health Law & Policy 95 (2014). [Full Text]

Intellectual Property and Public Health - A White Paper, 7 Akron Intellectual Property Journal 1 (2013) (with others). [Full Text]

Grand Bargains for Big Data: The Emerging Law of Health Information, 72 Maryland Law Review 682 (2013). [Full Text]

Privacy, Antitrust, and Power, 20 George Mason Law Review 1009 (2013). [Full Text]

Beyond Napster: Using Antitrust Law to Advance and Enhance Online Music Distribution, 8 Boston University Journal of Science & Technology Law 451 (2012) (with Matthew Fagin and Kim Weatherall). [Full Text]

Accountable Care Organizations in the Affordable Care Act, 42 Seton Hall Law Review 1371 (2012). [Full Text]

Joining or Changing the Conversation?: Catholic Social Thought and Intellectual Property, 29 Cardozo Arts & Entertainment Law Journal 681 (2011). [Full Text]

Restoring Transparency to Automated Authority, 9 Journal on Telecommunications & High Technology Law 235 (2011). [Full Text]

Network Accountability for the Domestic Intelligence Apparatus, 62 Hastings Law Journal 1441 (2011) (with Danielle Citron). [Full Text]

The Hippocratic Math: How Much Should Society Spend on Health Care?, 32 Journal of Legal Medicine 529 (2011) (reviewing M. Gregg Bloche, The Hippocratic Myth: Why Doctors are Under Pressure to Ration Care, Practice Politics, and Compromise their Promise to Heal (2011)). [Full Text]

Beyond Innovation and Competition: The Need for Qualified Transparency in Internet Intermediaries, 104 Northwestern University Law Review 105 (2010). [Full Text]

Access to Medicine in an Era of Fractal Inequality, 19 Annals of Health Law 269 (2010). [Full Text]

Cognition-Enhancing Drugs: Can We Say No?, 30 Bulletin of Science, Technology & Society 9 (2010). [Full Text]

Reclaiming Egalitarianism in the Political Theory of Campaign Finance Reform, 2008 University of Illinois Law Review 599. [Full Text]

Federal Search Commission? Access, Fairness, and Accountability in the Law of Search, 93 Cornell Law Review 1149 (2008) (with Oren Bracha). [Full Text]

Internet Nondiscrimination Principles: Commercial Ethics for Carriers and Search Engines, 2008 University of Chicago Legal Forum 263. [Full Text]

Asterisk Revisited: Debating a Right of Reply on Search Results, 3 Journal of Business & Technology Law 61 (2008). [Full Text]

Technology, Competition, and Values, 8 Minnesota Journal of Law, Science & Technology 607 (2007). [Full Text]

Copyright in an Era of Information Overload: Toward the Privileging of Categorizers, 60 Vanderbilt Law Review 133 (2007). [Full Text]

The Three Faces of Retainer Care: Crafting a Tailored Regulatory Response, 7 Yale Journal of Health Policy, Law & Ethics 39 (2007). [Full Text]

Rankings, Reductionism, and Responsibility, 54 Cleveland State Law Review 115 (2006). [Full Text]

Toward an Ecology of Intellectual Property: Lessons from Environmental Economics for Valuing Copyright's Commons, 8 Yale Journal of Law & Technology 78 (2006). [Full Text]

Breaking the Vicious Circularity: Sony's Contribution to the Fair Use Doctrine, 55 Case Western Reserve Law Review 777 (2005). [Full Text]

Two Concepts of Immortality: Reframing Public Debate on Stem-Cell Research, 14 Yale Journal of Law & the Humanities 73 (2002). [Full Text]

Recent News featuring Frank Pasquale

March 2, 2015

Frank Pasquale of the School of Law was quoted in the article "CIOs have to learn the new math of analytics" on IT World

March 1, 2015

Frank Pasquale of the School of Law was featured in the article "Recommending Highly The Black Box Society by Professor Frank Pasquale" on PrawfsBlawg.

February 25, 2015

Frank Pasquale of the School of Law was interviewed for the article "CIOs Have to Learn the New Math of Analytics" in CIO.

February 20, 2015

Frank Pasquale of the School of Law was featured in the article "Maryland law professor discusses big data contrast to data gatherers secret behaviors" on hispanicmpr.com

February 19, 2015

Frank Pasquale of the School of Law was featured in the article "Off The Shelf: Attacking the Black Boxes" on InstitutionalInvestorsAlpha.com

February 2, 2015

Frank Pasquale of the School of Law authored the New York Times article "Insure People Against Genetic Data Breaches."

February 2, 2015

Frank Pasquale of the School of Law was interviewed for the story "How an algorithm is taught to be prejudiced" on MarketPlace.

February 2, 2015

Frank Pasquale of the School of Law was interviewed for the story "How an algorithm is taught to be prejudiced" on MarketPlace.

January 29, 2015

Frank Pasquale of the School of Law was interviewed on the Midday Show segment, "The Black Box Society," on WYPR-FM.

January 28, 2015

Frank Pasquale of the School of Law was quoted in the article "Obama's Privacy Policy Might Be Bad for Marketers" on clickz.com

January 28, 2015

Frank Pasquale of the School of Law was quoted in the article "Frank Pasquale unravels the new machine age of algorithms and bots" in the Christian Science Monitor.

January 25, 2015

Frank Pasquale of the School of Law was quoted in the article "Pasquale, The Black Box Society" on valuewalk.com

January 23, 2015

Frank Pasquale of the School of Law authored the article "Laws need to be put in place to keep data miners from ruling our lives" that appeared on edmondsun.com

January 23, 2015

Frank Pasquale of the School of Law wrote the opinion piece "Laws needed to curb data miners" in the Shreveport Times

January 22, 2015

Frank Pasquale and Danielle Citron of the School of Law were mentioned in the article "Pasquale & Citron on the Scored Society" on lsolum.typepad.com

January 20, 2015

Frank Pasquale of the School of Law authored the article "Pasquale: More regulation of data mining needed" that was reprinted on onlineathens.com, jsonline.com, and fresnobee.com.

January 19, 2015

Frank Pasquale of the School of Law was quoted in the article "Hidden Devices Scrutinize Employees" on cio-today.com

January 15, 2015

Frank Pasquale of the School of Law authored the Op Ed "We're being stigmatized by 'big data' scores we don't even know about" that appeared in the LA Times.

January 15, 2015

Frank Pasquale of the School of Law was quoted in the article "Can bitcoin outgun the abuses of big data?" on newscientist.com.

January 14, 2015

Frank Pasquale of the School of Law was quoted in the article "The Code We Canít Control" on slate.com

January 8, 2015

Frank Pasquale of the School of Law was quoted in the article "Hidden devices scrutinize employees" in the Daily Democrat.

January 6, 2015

Frank Pasquale of the School of Law was interviewed for the segment "Our Data, Our Rules?" on the Brian Lehrer Show that aired on WNYC.

January 4, 2015

Frank Pasquale of the School of Law was mentioned in the Bend Bulletin article "Companies increasingly play a game in which you canít see the scoreboard."

January 2, 2015

Frank Pasquale of the School of Law was quoted in the article "Like it or not, someone is rating you" in The Columbus Dispatch.

December 30, 2014

Frank Pasquale of the School of Law was quoted the article "Looking for a promotion or a new job? Secret statistical programs could doom or aid your chances" on abajournal.com.

December 29, 2014

Frank Pasquale of the School of Law was quoted in the article "Hidden Devices Scrutinize Employees" in The New York Times, on CIO-Today.com, and other outlets.

December 27, 2014

Frank Pasquale of the School of Law was quoted in the New York Times article "The Scoreboards Where You Canít See Your Score."

December 21, 2014

Frank Pasquale of the School of Law was interviewed for the radio segment "A brand new TV for a penny? Why these super-low Amazon prices are too good to be true" that aired on cbc.ca.

December 13, 2014

Frank Pasquale of the School of Law was quoted in the article "Hidden devices scrutinize employees" in the San Jose Mercury News

December 10, 2014

Frank Pasquale of the School of Law was featured in the article "Wie aus dem Nichts" on Der Freitag.

December 8, 2014

Frank Paquale of the School of Law was quoted in the article "Law enforcement drones: Privacy concerns v public safety" on theage.com.au and canberratimes.com.au

December 4, 2014

Frank Pasquale of the School of Law was interviewed for the segment "The Source: 'The Black Box Society'" that aired on Texas Public Radio.

December 3, 2014

Frank Pasquale of the School of Law was interviewed for the article "Secret Algorithms Can Control Your Life" on lawtechnologynews.com

November 24, 2014

Frank Pasquale of the School of Law was mentioned in the story "Gain Friends (and Data) With Social Marketing" on WhartonMagazine.com.

November 19, 2014

Frank Pasquale of the School of Law was mentioned in the article "The Case for Uber Data Sharing" on gothamgazette.com.

November 8, 2014

Frank Pasquale and James Grimmelmann of the School of Law were mentioned in the article "Legal Scholarship We Like and Why It Matters -Program and Links to Papers, Part Two" on jotwell.com.

November 7, 2014

Frank Pasquale of the School of Law was mentioned in the Huffington Post article "Weekend Roundup: 25 Years After the Fall of the Berlin Wall, Is the World Dividing into Blocs Again?"

November 6, 2014

Professor Frank Pasquale of the School of Law discusses the stories data is telling in "7 Ways Data Currently Being Collected About You Could Hurt Your Career or Personal Life," on HuffintonPost.com

November 5, 2014

Frank Pasquale of the School of Law was featured in the article "How Big Data's Inaccuracy Hurts People" on Fleishmanhillard.com.

November 3, 2014

Frank Pasquale of the School of Law was quoted in the article "Up Against the Wall, Meter Maid!" on medium.com.

October 29, 2014

Frank Pasquale of the School of Law was interviewed for the article "5 ways cyber attacks ensure our inevitable doom" on Fusion.net.

October 21, 2014

Frank Pasquale of the School of Law was on the KCRW radio program "To the Point."

October 18, 2014

Frank Pasquale of the School of Law was interviewed for the article "Md. has yet to recover millions spent on failed exchange site" in The Baltimore Sun.

October 17, 2014

Frank Pasquale of the School of Law was mentioned in the article "The FCC's headed 'to infinity and beyond' - Nothing but praise for the new PTO nominee, Lee - A new net neutrality group targets the GOP" on politico.com and in a similar article on americanbanker.com.

October 16, 2014

Frank Pasquale of the School of Law authored the op-ed "The Dark Market for Personal Data" that appeared in the New York Times.



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