Backpage, Dominatrixes, and a Victory Against Jawboning

Sheriff Thomas Dart, of Cook County, is a crusader against prostitution, sex trafficking, and related criminal activity. He has concentrated his efforts recently on Internet platforms such as Craigslist and Backpage, which have an “adult” section as thriving and variegated in its offers as any free weekly newspaper in a major metropolitan area. Dart is […]

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; […]

In Memoriam: Greg Lastowka

I am deeply saddened to learn of the news of the death of my friend Greg Lastowka, a professor at Rutgers-Camden School of Law. Greg was a pioneer in studying virtual worlds and video games, and his work forms a good part of the foundation in that field. His work had that wonderful quality of […]

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, […]

Why Aren’t “Hacked” Celebrities Filing Takedown Notices?

Writing today in Slate, Emily Bazelon complains that the law does not do enough to protect the privacy rights of celebrities whose accounts were illicitly “hacked” last weekend, resulting in the release of unauthorized nude photos the celebrities apparently took of themselves. Bazelon contrasts what she characterizes as the celebrities’ inability to remove their objectionable content […]

Copyright and the Naughty Bits

My article Exposed is now up on SSRN. It’s coming out in volume 98 of the Minnesota Law Review in 2014. Here’s the abstract: The production of intimate media – amateur, sexually explicit photos and videos – by consenting partners creates social value that warrants increased copyright protection. The unauthorized distribution of these media, such […]

Censorship v3.1

I have a new essay up on SSRN, titled Censorship v3.1. It’s under consideration by the peer-reviewed journal IEEE Internet Computing. Here’s the abstract: Internet censorship has evolved. In Version 1.0, censorship was impossible; in Version 2.0, it was a characteristic of repressive regimes; and in Version 3.0, it spread to democracies who desired to […]

The Obama Administration and Six Strikes

Soon, major ISPs will be rolling out a “copyright education” program intended to deter infringement. The program, colloquially called “six strikes,” was negotiated between ISPs and the content industries – most notably the RIAA and MPAA. In addition, however, the Obama administration was heavily involved in the negotiations – primarily, it appears, on the side […]

The Obama Administration and Chutzpah

I’ve posted a new essay, titled Chutzpah, to SSRN. It’s forthcoming in the peer-reviewed Journal of National Security Law and Policy. Here’s the abstract: President Barack Obama campaigned on a platform of governmental transparency. This Essay examines how his administration has implemented this commitment in two policy areas: Internet communication, and intellectual property. It finds […]

When Cybersecurity Makes Things Worse

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 […]