Shark Tanks and Cybersecurity

It’s the most wonderful time of the year… for data breaches. Target may have compromised as many as 40 million credit and debit cards used by shoppers in their stores. What liability will they face? At George Mason’s excellent workshop on cybersecurity, there was a spirited debate over the mechanisms of enforcing security standards. (This [...]

Santorum: Please Don’t Google

If you Google “Santorum,” you’ll find that two of the top three search results take an unusual angle on the Republican candidate, thanks to sex columnist Dan Savage. (I very nearly used “Santorum” as a Google example in class last semester, and only just thought better of it.) Santorum’s supporters want Google to push the, [...]

Re-thinking HIV Criminalization

My friend and colleague Margo Kaplan has posted a smart, provocative new paper to SSRN, titled “Restoring Reason to HIV-Exposure Laws.” The piece, which is forthcoming in the Indiana Law Journal, questions the conventional wisdom on statutes that target the risk of HIV transmission. I was skeptical of the position before reading Margo’s article, and [...]

Sharing the Blame: The Law and Morality of Punishing Collective Entities

BLS is having a great symposium that bears directly on infolaw issues such as cyber-harassment, defamation, illicit file-sharing, and so forth. My friends Mike Cahill and Miriam Baer are co-hosting, and my friend Peter Henning is a panelist in the afternoon. Best of all, it’s free! When: Friday, February 5, 2010, 9:00AM — 4:15PM Where: [...]

Is Corporate Compliance Deceitful?

My friend and colleague Miriam Baer, an expert on corporate compliance and criminal law, thinks that it is – and that we should be more skeptical of compliance (a favorite buzzword post-Enron and post-meltdown). The clash between transparency and compliance is a troubling one that I hadn’t thought about before; Miriam’s paper is an important [...]

Virtual Property: Not

Wired has an article on the trade in virtual world items – armor, swords, ninja monkeys, etc. – that takes place using real-world currency. (It tracks the rise and fall of former child actor Brock Pierce and his startup, Internet Gaming Entertainment. You can also find a how-to outlining the virtual gold trade.) The article [...]

Commencement Speakers and Signals

What does it mean if you invite John McCain to speak at your school’s commencement? For one thing, it means your dean is smart enough to want news coverage with lots of shots of your school’s logo. But does it mean your institution agrees with any / all of McCain’s positions? I was pondering this [...]

Trademark Turmoil, Taurus, and Tab

Living in Detroit, one hears a great deal about the American automobile industry (indeed, the local news covers little else, with the exception of Michigan firing Tommy Amaker as basketball coach). Car pundits, perhaps in the pay of rental fleets, panned Ford’s decision to discontinue the Taurus sedan / station wagon (as did new CEO [...]

Information and Eugenics?

George Will writes about genetic testing in Newsweek – his concern is that the recommendation by the American College of Obstetricians and Gynecologists that all pregnant women be tested for Down syndrome will lead women to abort babies with the syndrome. According to Will, “diagnosing Down syndrome can have only the purpose of enabling—and, in [...]

Zuckerman Ponders Infotopia

Do yourself a favor right now and go read Ethan Zuckerman’s lengthy, thoughtful review of Cass Sunstein’s recent book, Infotopia. Among many virtues, Ethan’s post connects Sunstein’s ideas to other developments in cyberspace. A taste of Ethan’s comments: Whether or not I agree with all of Sunstein’s conclusions, his quest for systems that aggregate knowledge [...]