Anita Bernstein on Integrating Professional Responsibility

My friend and BLS colleague Anita Bernstein has a thought-provoking blog post at TortsProf on how to integrate tenets of lawyers’ professional responsibility obligations – and dilemmas – into a Torts class. The six issues she raises are ones that we should be sensitive to in teaching law generally, and I’m going to try to [...]

Cell Phone Tracking

My friend Catherine Crump, staff attorney at the ACLU, has an excellent op-ed in the Philadelphia Inquirer about whether police must obtain a warrant before engaging in geo-location of cell phones. The case at issue, in front of the Third Circuit, offers an important opportunity to clarify privacy rights at a time when our physical [...]

Harriton the Spy?

Here’s a jaw-dropping accusation of privacy invasion, and another example of some major gaps in privacy law. A complaint filed in federal court in Philadelphia claims that officials at suburban Harriton High School remotely turned on the cameras in laptops issued to students and captured images, including at their homes. The school denies the allegations [...]

Consumer Choice Within Constricted Alternatives

I had been hoping to read Bill Patry’s new book, Moral Panics and the Copyright Wars, over the winter holidays, but, thanks to a combination of short-fuse writing projects (about which I’ll have more to say soon) and a fairly grueling committee schedule (about which the less said, the better), that probably will not happen [...]

The Hacker’s Aegis

My friend Dave Levine, who teaches IP and Internet law at Elon University School of Law, has posted an episode of his cool podcast, Hearsay Culture, where he talks with me and Oliver Day (a Berkman friend who is a hacker) about how IP law gets in the way of software security research. Oliver and [...]

No One Believes Your Pizza Is Better

Domino’s has just started a new ad that makes fun of Papa John’s for its defense in a false advertising case: challenged by Pizza Hut over its claim that “Better Ingredients” mean Papa John’s has “Better Pizza,” PJ responded that the statements were “puffery.” Puffery sounds like something related to the Big Bad Wolf, but [...]

The Myth of Anonymization

Paul Ohm has a terrific new paper out on SSRN, Broken Promises of Privacy: Responding to the Surprising Failure of Anonymization (forthcoming in UCLA Law Review). It discusses how statistical techniques have made it increasingly easy to re-identify anonymized data sets, and to apply that information to other identification problems (for example, taking information from [...]

Death Knell for Google Books Settlement?

The class action lawsuit against the Google Books program has receded from its former prominence in news reports, but there has still been a lot of activity. The parties retreated into seclusion to negotiate a settlement last fall and then, faced with objections from the Department of Justice, negotiated some more and reached a new [...]

Reasons I’ll Be Fired

An anonymous student at BLS has started a great blog, You Can Wordify Anything If You Just Verb It. It collects the more… interesting… things said by both profs and students. I’m already spending significant cycles trying to guess the provenance of some of these quotes. Given that certain of them mention Internet Law, I [...]