Wall St. J. Covers Tragedy of the Data Commons

Today’s Wall Street Journal has an article discussing data privacy that draws on Jane Yakowitz’s great new paper, Tragedy of the Data Commons, which is presently making the rounds of the law reviews in the spring submission cycle. The article examines contemporary attitudes towards privacy and, as Jane’s paper describes, the tradeoffs between enhanced (and [...]

Rules, Standards, Geeks

I’ve written an essay on standards versus rules in regulating information security, now out in the Brooklyn Journal of Corporate, Financial, and Commercial Law. In short, I argue that while regulators typically choose standards, rules are preferable in many situations. (This isn’t surprising, since lawyers tend to be scared of technology, or at least chary [...]

Tragedy of the Data Commons

Jane Yakowitz has posted a great new paper on data privacy, Tragedy of the Data Commons, to SSRN. It builds on her previous empirical work, and argues that the regulatory and scholarly emphasis on the potential risks of anonymized public data is misplaced. It’s already proved helpfully controversial, and well worth a read. The abstract: [...]

Cybersecurity in Santa Clara

I’m here at Eric Goldman and Dan Hunter‘s great Works-in-Progress in Internet Law conference at Santa Clara Law. My talk is about my cybersecurity paper, Conundrum, which I’ll be posting to SSRN after incorporating feedback from the confab. I’m looking forward to David Opderbeck‘s piece as well, and just learned a lot about data anonymization [...]