Below is a collection of publications I've had the honor of contributing to during my academic journey so far. Each piece represents a small step forward in my understanding of the intersection of law, technology, privacy, ethics, and human rights, made possible through collaboration and the support of many. If you are unable to access a paper or would like to access my full publication record, please feel free to contact me.
Embedded Files
Articles
Articles
Perla Khattar, From Innocent Sharing to Harmful Exposure: Balancing Parental Rights and Children’s Digital Privacy Rights, 36 Fla. J. Int’l L. __ (forthcoming).
In the digital age, 'sharenting'—the practice of parents sharing details of their children's lives online—has become ubiquitous, blurring the lines between innocent sharing on social media and harmful exposure on the dark web. This article delves into the complexities of balancing parental rights with children's digital privacy rights, framed against the backdrop of a society increasingly reliant on social media for community and validation. By examining the legal and societal impacts of sharenting, it highlights the urgent need for legal frameworks that both respect parental autonomy and protect children's online privacy. The paper proposes a multifaceted approach to address this challenge, advocating for comprehensive international legislation, enhanced social media platform policies, and increased awareness among parents of the potential long-term consequences of digital exposure. By integrating analysis of current laws, case studies, and international privacy standards, the article contributes to the ongoing discourse on establishing a global privacy standard that safeguards children's digital footprints, ensuring their autonomy and dignity online.
Perla Khattar & Dillon B. Yang, Privacy in the Age of Internet of Things Technologies: Examining the Shortcoming of the Fourth Amendment and the Third-Party Doctrine for Smart Home Users, 5 Notre Dame J. Emerging Tech. 197 (Dec. 29, 2023).
The Fourth Amendment gives people the right to be secure in their houses from unreasonable searches and seizures. But, as with most things, there are exceptions. For example, the third-party doctrine holds that the Fourth Amendment does not protect information that has been revealed to third parties. With the stark rise in IoT smart home technologies, law enforcement may be able to bypass the warrant requirement with the third-party doctrine and access sensitive in-home data through companies like Amazon and Google. Interestingly, the Supreme Court has repeatedly held that the home is sacred, and it is at the core of Fourth Amendment protections. Consequently, IoT smart home technologies have put Fourth Amendment jurisprudence on a collision course with the third-party doctrine.
Perla Khattar, What You Don't Know Will Hurt You - Fighting the Privacy Paradox by Designing for Privacy and Enforcing Protective Technology, 18 Wash. J.L. Tech. & Arts 1 (Jun. 11, 2023).
The current privacy laws are insufficient in protecting consumer privacy as they ignore the difficulties faced by consumers in managing their digital privacy, leading to the phenomenon of the privacy paradox. Companies processing personally identifiable information (PII) make it difficult for consumers to manage their privacy through confusing privacy policies and click-through agreements. The average consumer may also suffer from the non-belief in the law of large numbers (NBLLN) problem which often leads to privacy resignation. This article argues that consumer-oriented legislation mandating privacy by design principles through enforcing fair information practices and privacy engineering is needed to effectively protect the right to digital privacy. Additionally, increasing privacy awareness is crucial in fighting the paradox of privacy management.
Perla Khattar, The 21st Century War or Privacy, Leb. L. Rev. (Sep. 27, 2021).
This article explores the global struggle to regulate digital privacy in the face of rapid technological expansion and cross-border data flows. It compares major privacy frameworks, including the California Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR), highlighting their differing scopes, enforcement mechanisms, and definitions of personal data. The piece underscores the growing legal and financial burden on businesses trying to comply with a patchwork of national laws and argues that inconsistent regulation undermines both consumer protection and commercial efficiency. As a solution, it proposes the creation of a global privacy convention—modeled on international human rights instruments—to harmonize standards, define key concepts, and ensure that privacy protections apply universally. The article concludes that such a framework is essential to balance state sovereignty, corporate accountability, and the individual’s right to data privacy in the digital age.
Book Chapters
Book Chapters
Perla Khattar, Consumer Digital Privacy in the Age of Smart Virtual Assistants, Exploring AI Implications on Law, Governance, and Industry, Swati Chakraborty Ed., IGI Global Scientific Publishing (Mar. 2025).
The proliferation of Virtual Voice Assistants (VVAs) in the lives of consumers has ushered in an era of unparalleled convenience and technological sophistication. However, the ever-present risk of unauthorized data sharing and exploitation of Personal Identifiable Information (PII) calls for urgent regulatory intervention to protect consumer digital privacy. This chapter offers a comprehensive examination of VVAs, dissecting the integrated technologies that power them and debunking common misconceptions. It navigates through the complex web of user agreements and the existing patchwork of privacy laws, revealing the gaping regulatory void surrounding VVAs.
Blog Posts and Essays
Blog Posts and Essays
Perla Khattar, Neural Data and Consumer Privacy: California’s New Frontier in Data Protection and Neurorights, TechPolicy Press (Nov. 2024).
This essay analyzes California’s groundbreaking decision to classify neural data—information generated directly from brain activity—as sensitive personal information under the California Consumer Privacy Act (CCPA). Prompted by the rise of consumer neurotechnology devices and brain-computer interfaces from companies like Neuralink, Emotiv, and Kernel, the law grants individuals the right to access, delete, and limit the sharing of their brain-generated data. The article explores the legal, ethical, and societal implications of this amendment, including heightened compliance obligations for businesses, global neurorights trends, and the limitations of federal frameworks like HIPAA. It offers a comparative look at Chile’s constitutional protections of mental privacy and situates California’s move as a pivotal moment in a global push to protect cognitive autonomy. By anticipating future harms and aligning legal protections with technological developments, the piece argues that California sets a model for emerging neural data legislation—one that could guide international standards on mental privacy in the age of neurotechnology.
Perla Khattar, The American Privacy Rights Act of 2024 Explained: What Does the Proposed Legislation Say, and What Will it Do?, TechPolicy Press (Apr. 2023).
This essay examines the bipartisan, bicameral American Privacy Rights Act of 2024 (APRA), a proposed federal privacy law introduced to unify and streamline the currently fragmented state-level privacy protections in the United States. It analyzes the Act’s scope, consumer rights, data minimization, transparency obligations, security protocols, and enforcement mechanisms, emphasizing its novel concepts, such as the designation of "high-impact social media companies" and expansive definitions of sensitive data. The article evaluates the APRA’s potential to strengthen consumer control over personal information and highlights key enforcement powers vested in the FTC, state attorneys general, and consumers themselves, through private rights of action. Additionally, it discusses the contentious issue of preemption, contrasting the APRA's approach with previous legislative attempts, and outlines the anticipated legislative challenges and stakeholder debates that will shape the future of U.S. privacy law.
Perla Khattar, George R.R. Martin Won’t Bend the Knee: Chat GPT, Generative AI, and the Fine Line Between Fair Use and Copyright Infringement, Rich. J.L. & Tech Blog (Oct. 2023).
This essay analyzes the high-profile lawsuit filed by George R.R. Martin and other authors against OpenAI, accusing the AI company of copyright infringement for allegedly using pirated versions of their literary works to train ChatGPT. The piece explores the plaintiffs’ claims that OpenAI’s large language models threaten their livelihoods by mimicking and reproducing protected creative expression without permission or compensation. It situates the case within a broader legal trend, referencing similar suits by visual artists and companies like Getty Images. The article outlines how large language models are trained and identifies key legal questions, particularly whether data scraping for AI training qualifies as fair use under 17 U.S.C. § 107. It explains the legal implications of the court’s future decision, weighing its potential to reshape copyright doctrine and either impose licensing requirements on AI developers or expand fair use to include data-driven model training.
Perla Khattar, Consumer Digital Privacy 101: Simple Steps for A Safer Digital Life, Wash. J.L. Tech. & Arts Blog (June 2023).
In a digital world where personal information is constantly collected, analyzed, and monetized, this article offers practical, beginner-friendly tips to help consumers strengthen their digital privacy. While systemic legal protections remain uneven and often lag behind technological innovation, individuals can take proactive steps to protect their data. The essay covers key areas such as de-Googling devices, choosing private alternatives to Google Docs and search engines, adopting secure browsers like Brave or Tor, and understanding the risks of VPNs, browser plugins, and weak passwords. It also emphasizes the importance of using password managers, enabling two-factor authentication, and turning off Wi-Fi scanning to prevent constant device tracking. With accessible language and actionable advice, the piece bridges the gap between complex privacy principles and real-world implementation, empowering users to reclaim autonomy over their personal data in the absence of comprehensive regulation.
I am immensely grateful to my sponsors and funders for their generous support and faith in my research and work. Their contributions have not only facilitated my work but have also inspired me to strive for excellence. Thank you for being a pivotal part of my academic journey.
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