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 […]

Beating Revenge Porn with Copyright

The lawsuit against scumbag Web site has generated attention to the problem of revenge porn, and to the paucity of legal remedies available to victims of it. Danielle Citron has two excellent posts over at Concurring Opinions analyzing the relevant statutory block, 47 U.S.C. 230, and the few cases that cut through its immunity. […]

Whereupon I Depress Lifehacker Readers

Because DVD ripping is illegal if you bypass DRM. Which, most of the time, you have to.

NZBMatrix Takes the Red Pill

I talked with Lifehacker’s IP guru Adam Dachis about the closure of several Usenet indexing services, including NZBMatrix. NZBMatrix threw in the towel after coming under twin pressures: a flood of DMCA notices related to links pointing to allegedly infringing content, and difficulty navigating the requirements of service providers such as PayPal. It’s the latest […]

Petraeus and Privacy

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 […]

The Facebook Post-Mortem

The Daily Illini has a great piece about Jason Mazzone‘s analysis of an underappreciated problem: what happens to your Facebook content when you die? At the moment, the answer depends on an unpredictable hodgepodge of state probate law, private law via the social network’s Terms of Service, and the decedent’s foresight in providing her heirs […]

The Economics of Law School

My friend and Ohio State law prof Steve Davidoff has a great post on the economics of law school at the New York Times’ Dealbook. One of the most important points he makes is that some proposals to improve law school – such as increasing experiential learning, like clinics – would make it significantly more […]