Lifehacker on Ubiquitous Infringement
Lifehacker‘s Adam Dachis has a great article on how users can deal with a world in which they infringe copyright constantly, both deliberately and inadvertently. (Disclaimer alert: I talked with Adam...
View ArticlePakistan Scrubs the Net
Pakistan, which has long censored the Internet, has decided to upgrade its cybersieves. And, like all good bureaucracies, the government has put the initiative out for bid. According to the New York...
View ArticleDo Reactions To Drug-Sniffing Dogs Say More About Drug Policy Than Privacy?
In Florida v. Jardines, the U.S. Supreme Court will determine whether the sniff of a trained narcotics dog at the front door of a person’s home constitutes a Fourth Amendment search. This is very...
View ArticleWired, and Threatened
I have a short op-ed on how technology provides both power and peril for journalists over at JURIST. Here’s the lede: Journalists have never been more empowered, or more threatened. Information...
View Article(Im)Perfection
I have a short article coming out in the Wake Forest Law Review Online, about the pursuit of perfection in cyberlaw. Here’s the introduction: Cyberlaw is plagued by the myth of perfection. Consider...
View ArticleThe Myth of Perfection
As promised, The Myth of Perfection is now available at the Wake Forest Law Review Online.
View ArticleWhen Cybersecurity Makes Things Worse
Adam Dachis has an interesting and worrisome post up at Lifehacker. (Disclosure: he kindly asked me for input into the post.) It thinks about a post-CISPA world, where privacy exists only at the behest...
View ArticleCensorship v3.1
I have a new essay up on SSRN, titled Censorship v3.1. It’s under consideration by the peer-reviewed journal IEEE Internet Computing. Here’s the abstract: Internet censorship has evolved. In Version...
View ArticleResearch Project on State Information Laws
My friend Sasha Romanosky, a research fellow at the Information Law Institute at NYU and the co-author of a great paper on data breach notification laws, is looking for your help with a research...
View ArticlePetraeus and Privacy
The resignation of CIA Director David Petraeus, after a cyberharassment investigation brought his affair with biographer Paula Broadwell to light, has generated a fascinating upsurge in privacy...
View ArticleWhereupon I Depress Lifehacker Readers
Because DVD ripping is illegal if you bypass DRM. Which, most of the time, you have to.
View ArticlePrivacy, Security, and Cybercrime
In a forthcoming paper, I argue that security and privacy issues differ in important ways that are typically neglected by both scholars and courts. If you’re in Chicago at the end of the week, you can...
View ArticleCyberwar and Cyberespionage
My paper “Ghost in the Network” is available from SSRN. It’s forthcoming in the University of Pennsylvania Law Review. I’m appending the abstract and (weirdly, but I hope it will become apparent why)...
View ArticleShark Tanks and Cybersecurity
It’s the most wonderful time of the year… for data breaches. Target may have compromised as many as 40 million credit and debit cards used by shoppers in their stores. What liability will they face? At...
View ArticleCybercrime’s International Challenges
Jane and I are in Cluj-Napoca, Romania, for a conference titled “Crimes, Criminals, and the New Criminal Codes: Assessing the Effectiveness of the Legal Response” at Babes-Bolyai University. Jane is...
View ArticleWhy Aren’t “Hacked” Celebrities Filing Takedown Notices?
Writing today in Slate, Emily Bazelon complains that the law does not do enough to protect the privacy rights of celebrities whose accounts were illicitly “hacked” last weekend, resulting in the...
View ArticleOn Accuracy in Cybersecurity
I have a new article on how to address questions of accuracy in cybersecurity up on SSRN. It’s titled Schrödinger’s Cybersecurity; here’s the abstract: Both law and cybersecurity prize accuracy....
View ArticleCelebrities, Copyright, and Cybersecurity
The fall began with a wave of hacked nude celebrity photos (as Tim notes in his great post). The release generated attention to the larger problem of revenge porn – or, more broadly, the non-consensual...
View ArticlePrivacy in a Data Collection Society
Jane and I are here with a great group of presenters and attendees at a conference at Loyola University Chicago School of Law, Privacy in a Data Collection Society. I’m speaking this afternoon on the...
View ArticleThe Crane Kick and the Unlocked Door
Cybersecurity legislative and policy proposals have had to grapple with when (if ever) firms ought to be held liable for breaches, hacks, and other network intrusions. Current approaches tend to focus...
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