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
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
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
I have a short article coming out in the Wake Forest Law Review Online, about the pursuit of perfection in cyberlaw. Here’s the introduction: Cyberlaw is plagued by the myth of perfection. Consider three examples: censorship, privacy, and intellectual property. In each, the rhetoric and pursuit of perfection has proved harmful, in ways this Essay [...]
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Filed under: Anonymity, Copyright, Court Decisions, Digital Media, Filtering, First Amendment, Intermediaries, Internet & Society, Open Access, Privacy, RIAA, Scholarship, Security, Software
The Federal Trade Commission today released its “final report” on consumer data privacy, updating a preliminary staff report from 2010. (Here’s a PDF of all 112 pages). The word “final” should be taken with several metric tons of salt, however — there is nothing final about this report, by its own admission. The report does [...]
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Filed under: Digital Media, FTC, Internet & Society, ISP, Privacy, Social Networking
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
In Florida v. Jardines, the U.S. Supreme Court will determine whether the sniff of a trained narcotics dog at the front door of a person’s home constitutes a Fourth Amendment search. This is very exciting for privacy scholars because it presents two possible shifts in Fourth Amendment jurisprudence. First, the court might further expand Justice [...]
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Filed under: Politics, Privacy, Scholarship, Security, Uncategorized, Video
My new article, “Space Invaders: Intrusion in the Digital Age,” lays out the case against the Fair Information Practice principles (“FIPs”) and for continued reliance on tort to shape American privacy law. The FIPs were originally articulated and presented to Congress in the 1973 HEW Report. The European Union’s Data Protection Directive draws heavily on [...]
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Filed under: Anonymity, First Amendment, Internet & Society, Privacy, Scholarship
(This post is based on a talk I gave at the Seton Hall Legislative Journal’s symposium on Bullying and the Social Media Generation. Many thanks to Frank Pasquale, Marisa Hourdajian, and Michelle Newton for the invitation, and to Jane Yakowitz and Will Creeley for a great discussion!) Introduction New Jersey enacted the Anti-Bullying Bill of [...]
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Filed under: Anonymity, Computer crime, First Amendment, Impersonation, Intermediaries, Internet & Society, Law School, Media, Privacy, Scholarship, Security, Social Networking
On RocketLawyer’s Legally Easy podcast, I talk with Charley Moore and Eva Arevuo about the EU’s proposed “right to be forgotten” and privacy as censorship. I was inspired by Jeff Rosen and Jane Yakowitz‘s critiques of the approach, which actually appears to be a “right to lie effectively.” If you can disappear unflattering – and [...]
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Filed under: Anonymity, Blogging, Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, Media, Open Access, Politics, Privacy, Search Engines