Posted on March 13th, 2013 by Derek Bambauer
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) the conclusion below. Comments welcomed. Abstract Cyberattacks are inevitable and widespread. Existing scholarship on cyberespionage and cyberwar is undermined by its futile [...]
Comments Off
Filed under: badware, Computer crime, Encryption, Intermediaries, Internet & Society, Microsoft, national security, NSA, Politics, Privacy, Scholarship, Security, Software
Posted on January 24th, 2013 by Derek Bambauer
Because DVD ripping is illegal if you bypass DRM. Which, most of the time, you have to.
Comments Off
Filed under: Computer crime, Copyright, Digital Media, Education & Copyright, Encryption, Intermediaries, Internet & Society, Media, RIAA, Security, Software, Video
Posted on November 21st, 2012 by Derek Bambauer
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 worries. (Side note: I believe “working with my biographer” has now superseded “hiking the Appalachian Trail” as the top euphemism for infidelity). Orin Kerr has an excellent summary [...]
1 Comment »
Filed under: Anonymity, Computer crime, Encryption, Fourth Amendment, Intermediaries, Internet & Society, Media, national security, NSA, Politics, Privacy, Security
Posted on September 11th, 2012 by Derek Bambauer
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 project: Greetings, I am involved in a research project that examines state laws affecting the flow of personal information. This information could [...]
Comments Off
Filed under: Anonymity, Computer crime, Encryption, Impersonation, Intermediaries, Internet & Society, Privacy, Scholarship, Security
Posted on May 7th, 2012 by Derek Bambauer
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 of companies who hold our information. CISPA would immunize these firms for sharing information with the federal government, so long as [...]
Comments Off
Filed under: Anonymity, Computer crime, Encryption, Filtering, Google, Intermediaries, Internet & Society, ISP, Media, national security, NSA, Politics, Privacy, Security, Software
Posted on April 4th, 2012 by Derek Bambauer
As promised, The Myth of Perfection is now available at the Wake Forest Law Review Online.
1 Comment »
Filed under: Anonymity, Computer crime, Copyright, Digital Media, Encryption, Filtering, First Amendment, Google, Intermediaries, international, Internet & Society, Media, national security, Privacy, RIAA, Scholarship, Security
Posted on March 30th, 2012 by Derek Bambauer
The first rule of censorship conferences is… do not talk about censorship conferences. Ignoring that, I encourage you to tune in to Yale’s Global Censorship Conference – it is an awesome group of speakers and topics. You can catch the livestream here. For those of you willing to get up on Sunday morning, you can [...]
Comments Off
Filed under: Anonymity, Berkman, Books, Encryption, Filtering, First Amendment, international, Internet & Society, ISP, Law School, Scholarship, Social Networking, Video
Posted on March 22nd, 2012 by Derek Bambauer
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 technology offers journalists potent tools to gather, report and disseminate information — from satellite phones to pocket video cameras to social networks. Technological advances have [...]
Comments Off
Filed under: Anonymity, Digital Media, Encryption, Filtering, First Amendment, Intermediaries, international, Internet & Society, Media, national security, Open Access, Politics, Privacy, Security, Social Networking, Software, Video
Posted on February 27th, 2012 by Derek Bambauer
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 about the piece.) It’s a practical guide to a strict liability regime – no intent / knowledge requirement for direct infringement – that operates [...]
1 Comment »
Filed under: Anonymity, Apple, Computer crime, Copyright, Digital Media, Education & Copyright, Encryption, First Amendment, Google, Intermediaries, Internet & Society, Media, Music, Politics, RIAA, Search Engines, Security, Software
Posted on January 24th, 2012 by Derek Bambauer
Cybersecurity is in the news: a network intrusion allegedly interfered with railroad signals in the Northwest in December; the Obama administration refused to support the Stop Online Piracy Act due to worries about interfering with DNSSEC; and the GAO concluded that the Department of Homeland Security is making things worse by oversharing. So, I’m fortunate [...]
Comments Off
Filed under: Anonymity, Computer crime, Encryption, Intermediaries, international, Internet & Society, ISP, Minnesota, national security, NSA, Politics, Privacy, Scholarship, Security, Software