Elana Zeide

University of Nebraska College of Law​

Academic Appointments

  • University of Nebraska-Lincoln College of Law, Assistant Professor, 2020–
    Courses: Privacy Law, Privacy: Informational, Reputational, and Dignitary Harms, Technology Governance and Regulation: Concepts, Advanced Torts: Spying, Lying, and Liability, Legal Profession, Legal Concepts for Engineering Managers at the University of Nebraska School of Engineering

  • UCLA School of Law, PULSE Fellow in Artificial Intelligence, Law & Policy, 2018–2020

  • Seton Hall University School of Law, Visiting Assistant Professor, 2017–2018
    Courses: Trademarks; Entertainment & New Media; Big Data, Robots, AI & the Law

  • Princeton University, Center for Information Technology Policy, Associate Research Fellow, 2016–2018

  • Yale Law School, Information Society Project, Visiting Fellow, 2016–2018

  • New York University, Information Law Institute, Microsoft Research Fellow, 2013–2016

  • Yale College, Visiting Lecturer, Freedom of Speech & the First Amendment, Spring 2007, 2008

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Education

  • New York University School of Law, J.D., 2005; LL.M in Taxation
    2012 Florence Allen Scholar (Top 10% after four semesters); New York University Law Review, Notes Editor

  • Columbia University, School of the Arts, M.F.A. in Nonfiction Writing, 2003 Claire Woolrich Fellowship

  • Yale University, B.A. with Distinction, American Studies, cum laude, 1996 Wallace Prize for Nonfiction Writing
    Yale Journal of Ethics, Founding Editor and Publisher

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Publications and Works in Progress (SSRN)

  • Children's Privacy and Parental Rights (work-in-progress).

  • Remote School Surveillance and the Fourth Amendment (forthcoming Villanova L. Rev. 2023).

  • Big Proctor: Online Proctoring Problems and How FERPA Can Promote Student Data Due Process, 3 Notre Dame J. of Emerging Techs. 74 (2023)

  • The Silicon Ceiling: How Artificial Intelligence Constructs an Invisible Barrier to Opportunity, 91 UMKC L. Rev. 403 (2022)

  • Robot Teachers, Pedagogy, and Policy, in The Oxford Handbook of Artificial Intelligence & Ethics (2020)

  • Artificial Intelligence in Strategic Context: An Introduction, AI PULSE (2019) (with Edward Parson et al.).

  • Learner Privacy in MOOCs and Virtual Education, 16 Theory and Research in Education 280 (2018) (with Helen Nissenbaum)

  • Education Technology & Student Privacy, in The Cambridge Handbook of Consumer Privacy (2018)

  • The Structural Consequences of Big Data-Driven Education, 5 Big Data 164 (2017) 

  • The Limit of Education Purpose Limitations, 71 U. Miami L. Rev. 493 (2017)

  • Unpacking Student Privacy, in The Society for Learning Analytics’ Handbook of Learning Analytics (2017)

  • Student Privacy Principles for the Age of Big Data: Beyond FERPA and the FIPPs, 8 Drexel L. Rev. 339 (2016)

  • The Legal and Privacy Implications of Data Mining, in Business Analytics: An Introduction 225 (2012)

  • In Bed with the Military: First Amendment Implications of Embedded Journalism, 80 NYU L. Rev. 1309 (2005); Reprinted in the Reporters Committee for Freedom of the Press First Amendment Law Handbook (2006)

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Professional Experience

  • Law Offices of Elana Zeide, Principal, Media and Privacy Law, 2010–2013

  • Bloomberg Media, Legal Analyst, 2009–2010

  • Cravath, Swaine & Moore, LLP, Associate, 2005–2008; Summer Associate, 2004

  • Hon. John G. Koeltl, U.S. District Court, S.D.N.Y., Intern, 2003

  • Writer & Editor, Published in The Sunday Times, The Literary Review, Rolling Stone, and New York Magazine

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Presentations, Panels, and Conferences

  • Children's Privacy and Parental Rights (work-in-progress), Privacy Law Scholars Conference (2023)

  • Privacy Papers for Policymakers, Presenter, Future of Privacy Forum, Feb. 2021

  • “Inclusive Workforce” Panel and White Paper, University of California, Berkeley, Center for Information Technology Research in the Interest of Society (CITRIS), Sept. 2020

  • Tech Refactored Podcast, Nebraska Governance and Technology Center, 2020-
    Guest on episodes: Introduction, “Zoom” School, “Sharenting”

  • AI in Education, Future of Privacy Forum, Presenter, July 2020

  • The Silicon Ceiling, Privacy Law Scholars’ Conference, June 2020

  • From Education Technology to Contact Tracing Apps: Technology Safeguards During the Pandemic, University of Washington, May 2020

  • The Future of Work, UCLA Anderson School of Business, March 2020

  • AI and Justice in 2035 Roundtable, UCLA School of Law, March 2020

  • Expert Group Meeting on New Information Technologies and Effects on Racial Equality, Promise Institute for Human Rights and the UCLA Center for Critical Internet Inquiry, as contribution to a UN Report compiled by the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, Oct. 2019

  • Legal Tech, A Dive into AI for Lawyers, UCLA School of Law, Oct. 2019

  • Summer Institute on AI and Society Faculty, convened by the Canada Institute for Advanced Research, the AI PULSE Program at UCLA School of Law, and Alberta Machine Intelligence Institute, June 2019

  • Ethical Guidelines for Artificial Intelligence, Baker McKenzie, May 2019

  • What Sci-Fi Futures Can (and Can’t) Teach us about AI Policy, New America, May 2019

  • Explainable Artificial Intelligence: Can We Hold Machines Accountable?, University of Colorado, workshop participant, May 2019

  • Artificial Intelligence in Education: Legal Considerations and Ethical Questions, University of California, San Diego, Workshop on the Ethics and Policy Implications of Algorithms and Big Data, Feb. 2019; Educause Webinar, Jan. 2019

  • Youth Skills for Sustainability and Innovation, World Youth Skills Day, United Nations, June 2018

  • The Future Human Futures Market, Yale Law School Information Society Project, July 2018; Privacy Law Scholars Conference, June 2018

  • The Ethics of Artificial Intelligence, Georgetown University, Apr. 2018

  • Artificial Intelligence and the Law Conference, Seton Hall School of Law, panelist, Apr. 2018

  • Robot Teachers & Automated Education, UCLA PULSE, Artificial Intelligence in Strategic Context Workshop, Apr. 2018

  • Emerging Issues in Artificial Law and Intellectual Property, International Association of Intellectual Property Law, Nov. 2017 

  • Workshop on COPPA in Schools Workshop, Federal Trade Commission and U.S. Department of Education, Nov. 2017

  • Artificial Intelligence: A Primer for Legal Practitioners, Seton Hall University School of Law, Oct. 2017

  • Personalized Learning & Robot Teaching as Public School Infrastructure, Privacy Law Scholars Conference, June 2017

  • Professors and the Permanent Record, Princeton University, Program in Law & Public Affairs, May 2017

  • Ethical Use of Big Data in Education, Princeton University, Center for Information Technology Policy, Oct. 2016

  • Student Privacy: The Big Picture on Big Data, American Library Association Annual Conference, June 2016

  • The Credentialing Effect: Implications of Ubiquitous Capture and Constant Assessment, Privacy Law Scholars Conference, June 2016

  • Implications of Data-driven Education, New York University, Technology, Privacy, & Future of Education Symposium, Mar. 2016; New York University, Privacy Research Group, May 2016

  • The Accidental Consequences of Data Privacy Legislation, SXSWedu, Mar. 2016

  • Student Privacy & Big Data: The Status Quo, Implications & Considerations, The Future of Privacy Forum Advisory Meeting, Apr. 2016; Data & Society Research Institute, Feb. 2016; University of Miami, The Constitution on Campus Conference, Feb. 2016

  • Student Data: Dos, Don’ts, and Dilemmas, New York University, Learning Analytics Working Group, Jan. 2015

  • The Current State of Online Privacy, Federal Trade Commission PrivacyCon, Jan. 2016

  • The Potential Risks of Student Data Collection and Use, National Student Privacy Symposium, Oct. 2015; The Future of Privacy Forum Advisory Meeting, Apr. 2015

  • Learner Privacy and MOOCs, University of Haifa, Open Textbook Workshop: Learning, Design and Surveillance, June 2015

  • The Governance of Information in Education, Microsoft Corp, Apr. 2015

  • The Algorithmic Future of Education, New York University, Algorithms & Accountability Conference, Feb. 2015

  • Student Privacy in Context: FERPA and Information Flow Beyond the Ivory Tower, Privacy Law Scholars Conference, June 2014; New York University, Privacy Research Group, Mar. 2014

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Professional, Policy, and Popular Publications

  • Artificial Intelligence in Higher Education, EDUCAUSE Review (Aug 2019)

  • Student Data Privacy: Going Beyond Compliance, National Association of State Boards of Education State Education Standard, May 2016 

  • 19 Times Data Analysis Empowered Students and Schools, The Future of Privacy Forum, Mar. 2016

  • Comments Regarding Big Data: A Tool for Inclusion or Exclusion? (with Helen Nissenbaum), Federal Trade Commission, Oct. 2015

  • Algorithms make Lousy Fortunetellers, Slate, May 4, 2015

  • Data & Civil Rights: Education Primer (with Andrea Alarcon et al.), Data and Society Research Institute, Oct. 2014

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University and Community Service

  • University of Nebraska-Lincoln College of Law, Assistant Professor, 2020–
    Pro Bono and Building Committees, 2020–21, Hiring Committee, 2021–22

  • UCLA School of Law, 2018–2020
    PULSE UCLAI meetings coordinator & event organizer PULSE Student Group advisor

  • Seton Hall University School of Law, 2017–2018
    Gibbons Institute of Law, Science and Technology Fall presenter Dean’s Technology Curricular Reform Task Force member Faculty Technology Law Workshop organizer Artificial Intelligence & the Law Conference organizer

  • Princeton University, Center for Information Technology Policy, 2016–2017
    Technology and Society Reading Group organizer

  • New York University School of Law, Information Law Institute, 2013–2016
    Technology, Privacy, & Future of Education Symposium organizer Algorithms and Accountability Conference organizer Privacy Research Group member

  • Privacy Law Scholars’ Conference, commenter, 2014, 2016, 2019, 2021
    False Flags: Rejecting Remote Proctoring Software and Other Surveillance Technologies in Higher Education, Lindsey Barrett
    Black Parents and Child Privacy Protection, Najarian Peters
    Policy Recommendations for Learning Analytics in Higher Education, Alan Rubel & Kyle Jones
    Privacy in Education from Books and MOOCs, Jules Polonetsky & Omer Tene

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Affiliations​

  • AALS Section on Defamation and Privacy, Executive Committee, 2020–2021, 2023-

  • University of Colorado Boulder School of Law, Silicon Flatirons, Affiliate, 2020–

  • Future of Privacy Forum, Advisory Board Member, 2013–

  • Yale Law School, Information Society Project, Visiting Fellow, 2016–2018, Fellow, 2018–

  • Data & Society Research Institute, Affiliate, 2013–

  • MacMillan Learning, Impact Research Advisory Council (IRAC), 2016–2018

  • Aspen Taskforce on Learning and the Internet, Trusted Learning Environment Guide Committee, 2016

  • Digital Media and Learning Trust, Advisor, 2016

  • Blackboard, Taskforce for Framework and Standards for the Ethical and Legal Use of Artificial Intelligence in Higher Education, 2016

  • Asilomar Convention for Learning Research in Higher Education, 2014–2016

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Bar Admissions

New York State, 2005