Posted on March 28th, 2011 by Derek Bambauer
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 [...]
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Filed under: Anonymity, Blogging, Digital Media, Encryption, Intermediaries, Internet & Society, Law School, Media, Open Access, Privacy, Scholarship, Security
Posted on March 25th, 2011 by Derek Bambauer
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 [...]
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Filed under: Computer crime, Digital Media, Encryption, Intermediaries, Internet & Society, Law School, national security, Privacy, Scholarship, Security, Software
Posted on March 21st, 2011 by Derek Bambauer
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: [...]
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Filed under: Anonymity, Court Decisions, Digital Media, Encryption, First Amendment, Health Law, Intermediaries, Internet & Society, ISP, Law School, Open Access, Privacy, Scholarship, Security
Posted on March 5th, 2011 by Derek Bambauer
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 [...]
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Filed under: Anonymity, badware, Computer crime, Digital Media, Encryption, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Law School, national security, NSA, Open Access, Privacy, Scholarship, Security, Social Networking, Software