Threading the Needle

Imagine that Ron Wyden fails: either PROTECT IP or SoPA / E-PARASITE passes and is signed into law by President Obama. Advocacy groups such as the EFF would launch an immediate constitutional challenge to the bill’s censorship mandates. I believe the outcome of such litigation is far less certain than either side believes. American censorship […]

How Not To Secure the Net

In the wake of credible allegations of hacking of a water utility, including physical damage, attention has turned to software security weaknesses. One might think that we’d want independent experts – call them whistleblowers, busticati, or hackers – out there testing, and reporting, important software bugs. But it turns out that overblown cease-and-desist letters still […]

Choosing Censorship

Yesterday, the House of Representatives held hearings on the Stop Online Piracy Act (it’s being called SOPA, but I like E-PARASITE tons better). There’s been a lot of good coverage in the media and on the blogs. Jason Mazzone had a great piece in TorrentFreak about SOPA, and see also stories about how the bill […]

Cyber-Terror: Still Nothing to See Here

Cybersecurity is a hot policy / legal topic at the moment: the SEC recently issued guidance on cybersecurity reporting, defense contractors suffered a spear-phishing attack, the Office of the National Counterintelligence Executive issued a report on cyber-espionage, and Brazilian ISPs fell victim to DNS poisoning. (The last highlights a problem with E-PARASITE and PROTECT IP: […]

A Prediction Followed by a Little Rant About Jones

(Guest post by Jane Yakowitz, Visiting Assistant Professor at Brooklyn Law School.) Yesterday, the Supreme Court heard oral arguments in the U.S. v. Jones case, which asks whether the use of a GPS chip installed on a person’s car and monitored for weeks on end constitutes a “search” for fourth amendment purposes. The question legal […]

De-lousing E-PARASITE

The House of Representatives is considering the disturbingly-named E-PARASITE Act. The bill, which is intended to curb copyright infringment on-line, is similar to the Senate’s PROTECT IP Act, but much much worse. It’s as though George Lucas came out with the director’s cut of “The Phantom Menace,” but added in another half-hour of Jar Jar […]