About Kenneth A. Bamberger
Kenneth A. Bamberger is The Rosalinde and Arthur Gilbert Foundation Professor of Law at the University of California, Berkeley. He is Faculty co-Director of the Berkeley Center for Law and Technology (BCLT) and of the Berkeley Institute for Jewish Law and Israel Studies, and is a core faculty member of the Berkeley Center for Law and Business (BCLB).
Prof. Bamberger is an expert on government regulation, corporate compliance, and technology in both the United States and Europe. At Berkeley, he teaches Administrative Law; the First Amendment (Speech and Religion); Corporate Compliance; the Law and Technology Workshop; and Jewish Law.
For his recent book, Privacy on the Ground: Driving Corporate Behavior in the United States and Europe(MIT Press), Bamberger and his co-author, Berkeley I-School Prof. Deirdre Mulligan, were awarded the 2016 Privacy Leadership Award from the International Association of Privacy Professionals. His articles on “Platform Market Power,” and “Saving Governance-by-Design,” will be published in 2018.
Bamberger graduated from Harvard Law School, where he was President of the Harvard Law Review. Before coming to Berkeley Law, he clerked for federal appeals court Judge Amalya L. Kearse and U.S. Supreme Court Justice David H. Souter, served as a Bristow Fellow in the Office of the United States Solicitor General, and was an associate, and then counsel, at the Wilmer Hale firm in Washington DC.
Outside the law school, Prof. Bamberger has served on the advisory boards of the Future of Privacy Forum, the Israel Institute, and The Taube Foundation for Jewish Life; on the Program Committee for the European Privacy Law Scholars Conference (PLSC); and on the ADL’s Anti-Cyberhate Working Group. In the fall of 2017, he was selected for the U.S. Department of Commerce-European Commission list of arbitrators developed as part of the EU-U.S. Privacy Shield Framework.
From 2013-2015, Bamberger was the first co-chair of UC Berkeley’s Center for Jewish Studies. He has been a Visiting Professor at Tel Aviv University Law School, a Visiting Fellow at the Shalom Hartman Institute in Jerusalem, and he is a founding board member of the U.S.-Israel Tech Policy Institute.
Privacy on the Ground: Driving Corporate Behavior in the United States and Europe (2015)
Barely a week goes by without a new privacy revelation or scandal. Whether by hackers or spy agencies or social networks, violations of our personal information have shaken entire industries, corroded relations among nations, and ...
Articles and Chapters (23)
Saving Governance-By-Design California Law Review (2018)
Governing through technology has proven irresistibly seductive. Everything from the Internet backbone to consumer devices employs technological design to regulate behavior purposefully by promoting values such as privacy, security, intellectual property protection, innovation, and freedom ...
PLATFORM MARKET POWER Berkeley Technology Law Journal (2018)
The rise of the platform economy has been the subject of celebration and critique. Platform companies like Uber, Airbnb, and Postmates have been rightfully celebrated as positively disruptive, introducing much–needed competition in industries that have ...
Public Values, Private Infrastructure and the Internet of Things: the Case of Automobiles Journal of Law & Economic Regulation (2016)
Published in Korean translation as: 공적가치, 사적기반그리고 IoT: 자동차사례를중심으로 (available here: http://www.dbpia.co.kr/Journal/ArticleDetail/NODE06717475)Honorable Mention, 2017 Future of Privacy Forum Privacy Papers Award
Privacy in Europe: Initial Data on Governance Choices and Corporate Practices George Washington Law Review (2013)
As this Article goes to press, the European Union is embroiled in debates over the contours of a proposed new privacy regulation. These efforts, however, have lacked critical information necessary for reform. For, like privacy ...
New Governance, Chief Privacy Officers, and the Corporate Management of Information Privacy in the United States: An Initial Inquiry Law & Policy (2011)
While the turn from traditional regulation to more collaborative, experimentalist, and flexible forms of governance has garnered significant academic focus, far less attention has been paid to the effects of such "new governance" approaches on ...
Technologies of Compliance: Risk and Regulation in a Digital Age Texas Law Review (2009)
Legal scholarship has been silent about a phenomenon with profound implications for governance: the automation of compliance with laws mandating risk management. Regulationsâ€šÃ„Ã®from bank capitalization rules, to Sarbanesâ€šÃ„Ã®Oxley's provisions on financial fraud and misrepresentation, to ...
Normative Canons in the Review of Administrative Policymaking Yale Law Journal (2008)
Who should ensure that statutes are interpreted to reflect background norms left unaddressed by Congress-- norms like respect for the rights of regulated parties, protection of the interests of states and Native American tribes, avoidance ...
Regulation as Delegation: Private Firms, Decisionmaking, and Accountability in the Administrative State Duke Law Journal (2006)
Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and reduction of risk--from financial, data and homeland security risk to the risk of conflicts of ...