The Illegal Process and Orwell’s Metaphors

James Grimmelmann and David Post have responses to Orwell’s Armchair up at the University of Chicago Law Review’s Dialogue site. I’m grateful and flattered to have them as partners in the discussion, and I am very excited to read their articles!

Copyright Greenwashing

The Center for Individual Freedom has just published a paper by three RIAA lawyers that purports to develop a natural rights theory and history of copyright. The paper is short (6 pages long), which appears to be its only valuable quality. I’ll set out a brief critique below, but first I want to note that […]

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 (Side note: I believe “working with my biographer” has now superseded “hiking the Appalachian Trail” as the top euphemism for infidelity).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 […]

Orwell’s Armchair

The final version of Orwell’s Armchair, 79 University of Chicago Law Review 863 (2012) , is available on-line (and in print, for those of you who roll old-school). Here’s the abstract: America has begun to censor the Internet. Defying conventional scholarly wisdom that Supreme Court precedent bars Internet censorship, federal and state governments are increasingly […]

Having Solved Piracy, Time for Child Porn!

When I teach Internet Law, I joke that banning child pornography is straightforward since there isn’t a pro-kid porn lobby (unlike, say, banning copyright infringement or adult pornography). I stand corrected: Rick Falvinge, founder of Sweden’s Pirate Party, has taken up the pro-legalization cause. (Interesting choice as a policy focus, but to each their own.) […]

Censorship v3.1

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 […]

How to Write a Book Review and Refute Textualism, All At Once

My blogging has been slow lately, but I’d be remiss not to point readers to Judge Richard Posner’s review of Antonin Scalia and Bryan Garner’s new book, Reading Law: The Interpretation of Legal Texts. It is a terrific piece of writing and it is an utter evisceration of the book. In the review, Posner does […]

Parsing the Commerce Clause

NFIB v. Sebelius, the 2012 Supreme Court decision rejecting nearly all of the constitutional challenges to the Affordable Care Act, has (at least) two bits of interest to infolaw folks. First, the majority opinion finds that the ACA‘s individual mandate cannot be sustained under the Commerce Clause. Congress regulates all manner of infolaw issues under […]

The Obama Administration and Chutzpah

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 […]