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16 Vand. J. Ent. & Tech. L. 701 (2013-2014)
Fool's Gold: An Illustrated Critique of Differential Privacy

handle is hein.journals/vanep16 and id is 733 raw text is: VANDERBILT JOURNAL OF ENTERTAINMENT & TECHNOLOGY LAW VOLUME 16 SUMMER 2014 NUMBER 4 Fool's Gold: An Illustrated Critique of Differential Privacy Jane Bambauer,* Krishnamurty Muralidhar,** and Rathindra Sarathy*** ABSTRACT Differential privacy has taken the privacy community by storm. Computer scientists developed this technique to allow researchers to submit queries to databases without being able to glean sensitive information about the individuals described in the data. Legal scholars champion differential privacy as a practical solution to the competing interests in research and confidentiality, and policymakers are poised to adopt it as the gold standard for data privacy. It would be a disastrous mistake. This Article provides an illustrated guide to the virtues and pitfalls of differential privacy. While the technique is suitable for a narrow set of research uses, the great majority of analyses would produce results that are beyond absurd-average income in the negative millions or correlations well above 1.0, for example. The legal community mistakenly believes that differential privacy can offer the benefits of data research without sacrificing privacy. In fact, differential privacy will usually produce either very wrong research results or very useless privacy protections. Policymakers and data stewards will have to rely on a mix of * Associate Professor of Law, University of Arizona, James E. Rogers College of Law; J.D., Yale Law School; B.S., Yale College. ** Gatton Research Professor, University of Kentucky, Gatton College of Business & Economics; Ph.D., Texas A&M University; M.B.A., Sam Houston State University; B.Sc. University of Madras, India. *** Ardmore Chair, Oklahoma State University, Spears School of Business; Ph.D., Texas A&M University; B.E., University of Madras, India. 701

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