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; […]

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, […]

Big Pharma: the New Hustler

That’s the provocative thesis of Jane’s post over at Balkinization for the conference Public Health in the Shadow of the First Amendment. Worth a read! And here’s her second post.

ACLU Challenges Arizona Revenge Porn Law

The ACLU, ably assisted by Dentons US LLP, has filed a challenge to Arizona’s revenge porn law in federal district court (complaint, ACLU blog, WIRED story). This is great news for Arizonans: the bill was terribly drafted and unconstitutional from the moment it was signed into law. Fighting revenge porn is important, but as Arizona […]


Alan Trammell and I have a new article coming out on the problems of personal jurisdiction analysis when it involves Internet contacts. (The title is Personal Jurisdiction and “teh Interwebs”; I tried very hard to convince Alan to go with the title of this post, to no avail.) Abstract is below; we’d love your comments […]

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; […]

Reifying Racism: Real Property as Information Law

On Friday, Carol Rose and Richard Brooks will co-star at a conference at the University of Arizona James E. Rogers College of Law, titled “Saving the Neighborhood,” after their new book. (You can come! Register here.) Rose and Brooks examine the development of legalized racial segregation in housing, the gradual shift to the use of […]