Reporting Fail: The Reidentification of Personal Genome Project Participants

Last week, a Forbes article by Adam Tanner announced that a research team led by Latanya Sweeney had re-identified “more than 40% of a sample of anonymous participants” in Harvard’s Personal Genome Project. Sweeney is a progenitor of demonstration attack research. Her research was extremely influential during the design of HIPAA, and I have both […]

Privacy Law in Sixty Seconds (or so)

I am occasionally struck by my good fortune to write in an area that has such a supportive community. Much credit is due to the influence, ingenuity, and incessant hard work of Paul Schwartz and Dan Solove. Invariably, every privacy scholar has benefited from Dan’s and Paul’s support. This promotional video for their informal treatise Privacy Law […]

Do Reactions To Drug-Sniffing Dogs Say More About Drug Policy Than Privacy?

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 […]

Abusing Anonymity

The sexual assault case against former IMF head Dominique Strauss-Kahn is famously falling apart; the alleged victim faces credibility problems from lying on her asylum application, among other things. Here in New York City, the district attorney, Cy Vance, is under considerable scrutiny for his decision to charge Strauss-Kahn in the first place. Unsurprisingly, the […]

Ohm on Bambauer on Cybersecurity

I will save my co-blogger Derek Bambauer from tooting his own horn by tooting it for him: Paul Ohm has written a very lovely review on Jotwell of Derek’s forthcoming law review article, Condundrum. From Paul’s review: I have never felt entirely satisfied by a single work about cybersecurity, at least not until now. Derek […]

Is the DMCA Still Controversial?

It’s easy to understand why the Digital Millennium Copyright Act caused an uproar when it was enacted twelve years ago. Nominally in the name of deterring piracy, Congress acted directly to regulate the creation, use, and distribution of the sorts of tools that potentially could be used to infringe copyright. As written, however, the statute […]

Well, Someone at Nixon Peabody Isn’t a Winner…

There has been extensive commentary and derision around the legal blogosphere about a preposterous corporate song commissioned by the law firm of Nixon Peabody, and then the firm’s subsequent efforts to threaten those who mocked it with IP saber-rattling. David Lat first posted the song, and here he summarizes the ensuing flapdoodle. A very funny […]

Upcoming Events on Info Law and the University

I guess summer is the time for academics to take a step back and engage in some productive self-assessment (as distinguished from “increased navel-gazing,” which surely happens as well). Two upcoming events typify that sort of valuable self-assessment as it pertains to the university and info/law: 1. The Berkman Center at Harvard is sponsoring the […]

More on Perfume IP

The New York Times ran a story yesterday [reg/$$$ req’d] about intellectual property protection for perfumes, a subject on which I posted last week. There is already interesting comment on the story from both Frank Pasquale at and Susan Scafidi at Counterfeit Chic. The Times story also shows that the legal situation in France […]

“Cyberlaw” and “Information Law”

One of our first commenters (hooray!) picks up on a statement in Derek’s introductory post: Derek prefers (as do I) the term “information law” to “cyberlaw” because it focuses on the content itself, not only the mechanism of delivery. I would expand that to suggest that “information law” includes both medium and message. As terminology, […]