Rebecca Wexler’s teaching and research focus on data, technology, and secrecy in the criminal legal system, with a particular focus on evidence law, trade secret law, and data privacy. Her scholarship has appeared or is forthcoming in the Harvard Law Review, Stanford Law Review, Yale Law Journal Forum, UCLA Law Review, Texas Law Review, Vanderbilt Law Review, and Berkeley Technology Law Journal, as well as in peer-reviewed computer science publications.? Wexler’s scholarly theories have twice been proposed for codification into federal law and litigated in multiple courts, including a cert petition to the U.S. Supreme Court. Her article Privacy as Privilege received the Privacy Law Scholars’ Conference 2020 Reidenberg-Kerr Award for overall merit for a paper by an untenured faculty member, and was named a 2021 “Must Read” article by the National Association of Criminal Defense Lawyers. Her Op-Eds have appeared in The New York Times, The Los Angeles Times, The Washington Monthly, and Slate, and her work has been featured in The Washington Post and NPR, among other media venues.? Wexler is a Faculty Co-Director of the Berkeley Center for Law & Technology and a Nonresident Fellow at the Brookings Institution. Prior to attending law school, she made documentary films for national broadcast television, museums, and educational distribution.?
Education
B.A., Harvard College, summa cum laude, Phi Beta Kappa Junior Inductee M.Phil., Cambridge University, high first distinction, Gates-Cambridge Fellow J.D., Yale Law School, The Yale Law Journal Forum Editor
Profiles
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Rebecca Wexler is not teaching any Law courses in Fall 2022. -->
Berkeley Law Professor Rebecca Wexler will help lead the center, which aims to help users gain more control of their data, democratize access to it, and ensure that it remains secure.
“This data tracking is…it means that people who are pregnant and seeking access to medical care (are) extraordinarily vulnerable to having their data sold to vigilantes as well as provided voluntarily to law enforcement or obtained by law enforcement across state lines,” Professor Rebecca Wexler, a? co-faculty director of the Berkeley Center for Law & Technology, told the U.S. House Judiciary Committee.
Professor Rebecca Wexler, a faculty co-director of the Berkeley Center for Law & Technology, talks about how big and small tech companies will need to have a response to the question of what to do with users’ data if new laws try to restrict access to information about abortion and other reproductive services in the post-Roe environment. “Anything they do or don’t do, it’s going to be a choice with consequences. It also means they’ve got a lot of power at this point,” she says. “They have power to reclaim some of the privacy from government intrusion that Roe once guaranteed, and that the court has just eviscerated.”
Professor Rebecca Wexler discusses the role of big tech in a post-Roe world, and why the fight over sensitive data will be of essence to protect patients.?
Professor Rebecca Wexler, with U Chicago Law’s Professor Aziz Huq, writes, in an era of medication abortion and remote medicine, states’ ability to clamp down on abortion access turns partly on their ability to identify who is seeking such care. Tech companies can make that harder, or easier.
Professor Rebecca Wexler says the California Supreme Court opinion in Touchstone v Facebook reflects a real skepticism of Facebook’s claims about the Stored Communications Act
Professor Rebecca Wexler discusses the issues with the current rules of evidence in criminal court, which do not account for the rise of forensic software, or for the entrance of trade secrets claims
Professor Rebecca Wexler argues that the courts’ interpretation of the Stored Communications Act has created a category of privileged communication without congressional approval or instruction
Scholars Rebecca Wexler and Andrea Roth prompt a California congressman to introduce a federal bill that would make the algorithms more transparent to criminal defendants.