Sharing Shortcomings

I have a new essay coming out in Loyola University Chicago Law Journal titled Sharing Shortcomings. Comments and feedback are very much welcomed. Here’s the abstract: Current cybersecurity policy emphasizes increasing the sharing of threat and vulnerability information. Legal reform is seen as crucial to enabling this exchange, both within the public and private sectors […]

Ground Control to Major Dumb

The St. Louis Cardinals, one of baseball’s most famous teams, is under investigation (by both Major League Baseball and the FBI) for allegedly hacking into a data warehouse compiled by the Houston Astros. At first blush, this seems strange: the Cardinals play in the National League Central, and the Astros in the American League West. […]

The 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 on the data that spills when bad things happen: if it’s sensitive, then firms are in trouble; if not personally identifiable, then it’s fine; […]

Privacy 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 folly of information sharing as a means of improving cybersecurity, and I’ll post a cleaned-up draft of my remarks here […]

Against Jawboning

I’d be grateful for feedback on a new draft article, Against Jawboning, coming out in volume 100 of the Minnesota Law Review. Here’s the abstract: Despite the trend towards strong protection of speech in U.S. Internet regulation, federal and state governments still seek to regulate on-line content. They do so increasingly through informal enforcement measures, […]

Big Pharma: the New Hustler

That’s the provocative thesis of Jane’s post over at Balkinization for the conference Public Health in the Shadow of the First Amendment. Worth a read! And here’s her second post.

Celebrities, 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 sharing of intimate media. Legislators and scholars have moved to tackle the problem. Danielle Citron proposes a model statute for criminalizing revenge […]

On 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. Cyberattacks, such as Stuxnet, demonstrate the risks of inaccurate data. An attack can trick computer programs into making changes to information that are technically authorized but […]

ACLU Challenges Arizona Revenge Porn Law

The ACLU, ably assisted by Dentons US LLP, has filed a challenge to Arizona’s revenge porn law in federal district court (complaint, ACLU blog, WIRED story). This is great news for Arizonans: the bill was terribly drafted and unconstitutional from the moment it was signed into law. Fighting revenge porn is important, but as Arizona […]

Icanhazjurisdiction?

Alan Trammell and I have a new article coming out on the problems of personal jurisdiction analysis when it involves Internet contacts. (The title is Personal Jurisdiction and “teh Interwebs”; I tried very hard to convince Alan to go with the title of this post, to no avail.) Abstract is below; we’d love your comments […]