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 November 21st, 2012 by Derek Bambauer
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 (Side note: I believe “working with my biographer” has now superseded “hiking the Appalachian Trail” as the top euphemism for infidelity).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 [...]
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Filed under: Anonymity, Computer crime, Encryption, Fourth Amendment, Intermediaries, Internet & Society, Media, national security, NSA, Politics, Privacy, Security
Posted on September 9th, 2012 by Derek Bambauer
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 [...]
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Filed under: Education & Copyright, Filtering, First Amendment, Google, Intermediaries, Internet & Society, ISP, national security, Politics, RIAA, Scholarship, Search Engines, Security, Social Networking, Spam
Posted on May 16th, 2012 by Derek Bambauer
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 [...]
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Filed under: Copyright, Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Media, national security, Network Neutrality, Open Access, Politics, RIAA, Scholarship, Voting
Posted on May 9th, 2012 by Derek Bambauer
Jane Yakowitz has a great essay on privacy intuitions and the gravitational effect of the war on drugs up at the Stanford Law Review Online. The picture of the dog is pretty cute, too…
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Filed under: Court Decisions, Fourth Amendment, Law School, national security, Privacy, Scholarship
Posted on May 7th, 2012 by Derek Bambauer
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 [...]
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Filed under: Anonymity, Computer crime, Encryption, Filtering, Google, Intermediaries, Internet & Society, ISP, Media, national security, NSA, Politics, Privacy, Security, Software
Posted on April 4th, 2012 by Derek Bambauer
As promised, The Myth of Perfection is now available at the Wake Forest Law Review Online.
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Filed under: Anonymity, Computer crime, Copyright, Digital Media, Encryption, Filtering, First Amendment, Google, Intermediaries, international, Internet & Society, Media, national security, Privacy, RIAA, Scholarship, Security
Posted on March 22nd, 2012 by Derek Bambauer
I have a short op-ed on how technology provides both power and peril for journalists over at JURIST. Here’s the lede: Journalists have never been more empowered, or more threatened. Information technology offers journalists potent tools to gather, report and disseminate information — from satellite phones to pocket video cameras to social networks. Technological advances have [...]
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Filed under: Anonymity, Digital Media, Encryption, Filtering, First Amendment, Intermediaries, international, Internet & Society, Media, national security, Open Access, Politics, Privacy, Security, Social Networking, Software, Video
Posted on March 8th, 2012 by Derek Bambauer
Pakistan, which has long censored the Internet, has decided to upgrade its cybersieves. And, like all good bureaucracies, the government has put the initiative out for bid. According to the New York Times, Pakistan wants to spend $10 million on a system that can block up to 50 million URLs concurrently, with minimal effect on [...]
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Filed under: Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, national security, Politics, Security, Software
Posted on January 24th, 2012 by Derek Bambauer
Cybersecurity is in the news: a network intrusion allegedly interfered with railroad signals in the Northwest in December; the Obama administration refused to support the Stop Online Piracy Act due to worries about interfering with DNSSEC; and the GAO concluded that the Department of Homeland Security is making things worse by oversharing. So, I’m fortunate [...]
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Filed under: Anonymity, Computer crime, Encryption, Intermediaries, international, Internet & Society, ISP, Minnesota, national security, NSA, Politics, Privacy, Scholarship, Security, Software