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 […]

Cybercrime’s International Challenges

Jane and I are in Cluj-Napoca, Romania, for a conference titled “Crimes, Criminals, and the New Criminal Codes: Assessing the Effectiveness of the Legal Response” at Babes-Bolyai University. Jane is speaking on “Surveillance in a Technological Age: The Case of the NSA,” and I’m giving a talk based on my forthcoming article Ghost in the Network. […]

Formalism and Slow Victories in “Saving the Neighborhood”

We’re fewer than 24 hours away from seeing Carol Rose and Richard Brooks at a conference at the University of Arizona James E. Rogers College of Law, titled “Saving the Neighborhood,” after their new book. (Spaces still available! Register here.) I posted about the information law aspects of racial covenants here (cross-posted by Jane at […]

Arizona: How Not To Combat Revenge Porn

Arizona House Bill 2515 seeks to criminalize revenge porn. The only small problem: the proposed statute is blatantly unconstitutional. Here’s the text: Be it enacted by the Legislature of the State of Arizona: Section 1.  Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1425, to read: 13-1425.  Unlawful distribution of images; state of nudity; […]

Video: Hacking Revenge Porn

The video from the NYC Legal Hackers event on Revenge Porn is now available. Props to Jonathan Askin, Phil Weiss, David Giller, Warren Allen, Mark Jaffe, Lee Rowland, Ari Waldman, and Jeremy Glickman for a fantastic event. And thanks so much to everyone who braved the (blinding, driving) snow to attend! It was wonderful to […]

Draft Legislation for Protecting Intimate Media

In Exposed, I argue for expanding copyright protection to protect intimate media and to treat unauthorized performance, distribution, or display of such works (as with revenge porn) as infringement. I have drafted model legislation, the SHARE IT Media Act, for the proposal – forcing oneself to put together statutory language for a policy proposal imposes […]

The Data Speaks: A Closer Look at Gun Violence

This Thursday (October 17, 2013), Stanford Law professor John Donohue III will give a public lecture at the University of Arizona James E. Rogers College of Law on “The Data Speaks: A Closer Look at Gun Violence.” Donohue is the leading expert on empirical analysis of gun violence; his talk is the inaugural event for […]

Copyright, Sexting, and Revenge Porn: What Law Should Do

California has a new law criminalizing certain forms of revenge porn. I’ve been publicly skeptical about it. What do I propose instead? As I suggested in an earlier post, I think copyright law offers a powerful mechanism to, simultaneously, foster the production of intimate media by consenting partners and to punish non-consensual distribution and display […]

Law and Revenge Porn

The New York Times has an interesting article on attempts to use law to combat revenge porn. It quotes a series of experts, including Danielle Citron, Mary Anne Franks, Eric Goldman, Eugene Volokh, Charlotte Laws, and Marc Randazza. (Danielle has an excellent new book out on the topic, which I recommend. Disclosure: she kindly asked […]

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 […]