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 [...]
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Filed under: badware, Computer crime, Encryption, Intermediaries, Internet & Society, Microsoft, national security, NSA, Politics, Privacy, Scholarship, Security, Software
Posted on July 20th, 2011 by Derek Bambauer
Oliver Day and I presented the idea behind our article The Hacker’s Aegis (now available from Emory Law Journal – the cite, for law nerds, is 60 Emory L.J. 1051 (2011)) at the Berkman Center for Internet & Society at Harvard Law School yesterday. The Webcast of the talk should be available soon. We had [...]
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Filed under: badware, Berkman, Computer crime, Copyright, Court Decisions, Law School, Microsoft, national security, Open Access, Patents, Peer Production, Scholarship, Security, Software
Posted on June 25th, 2011 by Derek Bambauer
Oliver Day and I are giving a talk at the Berkman Center for Internet & Society at Harvard Law School (our former home) on our proposed shield law to protect software security research. (The longer version is in our Emory Law Journal article.) The talk is on Tuesday, July 19, at 12:30PM, and it’ll be [...]
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Filed under: badware, Berkman, Computer crime, Encryption, Intermediaries, Internet & Society, Law School, Microsoft, Scholarship, Software
Posted on June 8th, 2011 by Derek Bambauer
David Opderbeck put together a terrific cybersecurity conference at Seton Hall today. I was on a panel discussing cybersecurity policy and legal theory. The audience was primarily law enforcement and practicing attorneys, so I asked, “What are you doing here?” In good academic fashion, I proceeded to (try to) answer my own question – why [...]
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Filed under: badware, Computer crime, Corporate Law, Digital Media, Encryption, Intermediaries, international, Internet & Society, Law School, Media, Microsoft, national security, NSA, Privacy, Scholarship, Security, Software
Posted on June 5th, 2011 by Derek Bambauer
It’s Alliteration Monday here at Info/Law! Ars Technica has a great write-up on the Mac Defender malware that’s been infecting hipsters‘ MacBooks left and right. Apple started by ignoring the problem, and has subsequently woken up and started to use features such as File Quarantine to deal with it. Belated, but laudable. I have three [...]
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Filed under: Apple, badware, Berkman, Computer crime, Digital Media, Encryption, Intermediaries, Internet & Society, Media, Microsoft, Open Access, Open Standards, Scholarship, Security, Software
Posted on May 10th, 2011 by Derek Bambauer
Google is set to debut its cloud-based music service, called (creatively) Google Music. This isn’t revolutionary after Amazon launched its service. What makes it fun for IP nerds like me is that Google initially tried to strike licensing deals with the major music labels, but when they failed, they altered their service (to avoid the [...]
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Filed under: Apple, Copyright, Digital Media, Intermediaries, Internet & Society, ISP, Media, Microsoft, Music, RIAA, Search Engines
Posted on April 12th, 2011 by Derek Bambauer
I’ve uploaded my new paper on cybersecurity, Conundrum, to SSRN, and welcome feedback on it. The paper is coming out in volume 96 of the Minnesota Law Review next year. The abstract is below. In addition, the paper makes a few points that are at once common sense and heretical: Experience with natural disasters and [...]
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Filed under: Anonymity, badware, Computer crime, Encryption, First Amendment, Intermediaries, international, Internet & Society, ISP, Microsoft, Minnesota, national security, Privacy, Scholarship, Security, Software
Posted on March 1st, 2010 by Derek Bambauer
My friend and Berkman colleague Oliver Day and I have just released a new paper, The Hacker’s Aegis. It argues that intellectual property law has been hacked to block socially valuable research on software security. Moreover, we contend that software vulnerability data challenges existing assumptions, and scholarship, on how information about improvements to works protected [...]
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Filed under: badware, Berkman, Computer crime, Copyright, Digital Media, Encryption, Internet & Society, Law School, Microsoft, Patents, Peer Production, RIAA, Scholarship, Security, Software, Trademarks
Posted on July 22nd, 2009 by Derek Bambauer
XKCD has one up that’s painfully funny because it’s true…
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Filed under: Blogging, Internet & Society, Media, Microsoft
Posted on July 20th, 2009 by William McGeveran
Jonathan Zittrain expands on the themes in his must-read book this morning in a must-read New York Times op-ed about the shift toward cloud computing. A taste of the main point: [T]he most difficult challenge — both to grasp and to solve — of the cloud is its effect on our freedom to innovate. The [...]
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Filed under: Books, Digital Media, Intermediaries, Internet & Society, Microsoft, Open Standards, Scholarship, Social Networking