Copyright and the Naughty Bits

My article Exposed is now up on SSRN. It’s coming out in volume 98 of the Minnesota Law Review in 2014. Here’s the abstract: The production of intimate media – amateur, sexually explicit photos and videos – by consenting partners creates social value that warrants increased copyright protection. The unauthorized distribution of these media, such […]

Help Research On On-Line Harassment

Colette Vogele is a researcher and attorney who works to combat revenge porn, and who runs the site Without My Consent. She’s launching a survey to measure the incidence of on-line harassment. I’m writing on the topic at the moment, and I can say unequivocally that the field badly needs reliable empirical data. Please participate […]

Smoke If You Got ‘Em

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 […]

Is Data Speech?

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 […]

Cyberwar and Cyberespionage

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 […]

Privacy, Security, and Cybercrime

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 […]

Beating Revenge Porn with Copyright

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. […]

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 […]

The Facebook Post-Mortem

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 […]

Research Project on State Information Laws

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 […]