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 […]

Is Data Speech?

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 […]

Fairmont Fail

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 […]

Cyberwar and Cyberespionage

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 […]