Posted on May 15th, 2013 by Derek Bambauer
Jane and I are in Arlington, Virginia, for a conference on Competition Policy in Search and Social Media at George Mason University. Jane, Neil Richards, Dawn Nunziato, and Stuart Benjamin will discuss the interplay of the First Amendment, regulation, and search / social media. I expect an entertaining fight over whether search results are speech, [...]
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Filed under: Court Decisions, Digital Media, First Amendment, FTC, Google, Intermediaries, Internet & Society, Law School, Politics, Scholarship, Search Engines, Social Networking, Software
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 17th, 2013 by Derek Bambauer
Jane and I had a fantastic time at Eric Goldman’s Internet Law Works-In-Progress conference, but we’re facing an early flight, and our room at the Fairmont shaking with the noise from the ballroom level (one level down). It’s supposed to quiet down… at some point. Apparently Fairmont hasn’t figured out that conference folks might have [...]
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Filed under: Intermediaries, Internet & Society, Law School, Music, 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 February 20th, 2013 by Derek Bambauer
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!
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Filed under: Copyright, Education & Copyright, Filtering, First Amendment, Intermediaries, Internet & Society, Law School, Politics, RIAA, Scholarship
Posted on February 19th, 2013 by Derek Bambauer
About the Position The University of Arizona James E. Rogers College of Law welcomes applications for the position of Visiting Assistant Professor (VAP) beginning July 1, 2013. VAPs will enjoy a two-year appointment to the faculty of the College of Law. They will teach one course per semester, with institutional and financial support for scholarly research and [...]
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Filed under: Law School, Scholarship
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 December 17th, 2012 by Derek Bambauer
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 [...]
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Filed under: Copyright, Court Decisions, Digital Media, Education & Copyright, Internet & Society, Law School, Music, Politics, RIAA, Scholarship