Posted on April 19th, 2013 by Derek Bambauer
I’m here in rainy, lovely Eugene, Oregon watching the Oregon Law Review symposium, A Step Forward: Creating a Just Drug Policy for the United States. (You can watch it live.) Jane is presenting her paper Defending the Dog – here’s the conclusion: The narcotics dog doesn’t deserve the bad reputation it has received among scholars. The [...]
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Filed under: Court Decisions, Fourth Amendment, Health Law, Law School, Politics, Privacy, Scholarship
Posted on March 18th, 2013 by Derek Bambauer
Jane Yakowitz Bambauer has a new article forthcoming in 66 Stanford Law Review __ (forthcoming 2014), titled “Is Data Speech?” Here’s the abstract: Privacy laws rely on the unexamined assumption that the collection of data is not speech. That assumption is incorrect. Privacy scholars, recognizing an imminent clash between this long-held assumption and First Amendment [...]
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Filed under: First Amendment, Google, Intermediaries, Law School, Privacy, Scholarship
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 January 29th, 2013 by Derek Bambauer
In a forthcoming paper, I argue that security and privacy issues differ in important ways that are typically neglected by both scholars and courts. If you’re in Chicago at the end of the week, you can hear me drone on about the piece on a panel on cybercrime at a symposium at Northwestern University School [...]
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Filed under: Computer crime, Court Decisions, Intermediaries, Internet & Society, Law School, Privacy, Scholarship, Security
Posted on January 25th, 2013 by Derek Bambauer
The lawsuit against scumbag Web site Texxxan.com 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. [...]
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Filed under: Anonymity, Blogging, Copyright, Court Decisions, Digital Media, Intermediaries, Internet & Society, Law School, Media, Peer Production, Privacy, Scholarship, Social Networking
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 October 22nd, 2012 by Derek Bambauer
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 [...]
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Filed under: Copyright, Digital Media, Intermediaries, Internet & Society, Media, Privacy, Social Networking, Software
Posted on September 11th, 2012 by Derek Bambauer
My friend Sasha Romanosky, a research fellow at the Information Law Institute at NYU and the co-author of a great paper on data breach notification laws, is looking for your help with a research project: Greetings, I am involved in a research project that examines state laws affecting the flow of personal information. This information could [...]
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Filed under: Anonymity, Computer crime, Encryption, Impersonation, Intermediaries, Internet & Society, Privacy, Scholarship, Security
Posted on June 22nd, 2012 by jyakowitz
Vioxx, the non-steroidal anti-inflammatory drug once prescribed for arthritis, was on the market for over five years before it was withdrawn from the market in 2004. Though a group of small-scale studies had found a correlation between Vioxx and increased risk of heart attack, the FDA did not have convincing evidence until it completed its [...]
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Filed under: Anonymity, Health Law, Media, Privacy, Scholarship
Posted on May 22nd, 2012 by Derek Bambauer
Jane has an article up on Huffington Post exploring privacy intuitions about police use of new technologies in light of the Jardines case. It’s a great read, and reinforces my conviction not to drive around with snausages in my trunk.
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Filed under: Anonymity, Court Decisions, Fourth Amendment, Media, Privacy, Scholarship