Posted on February 19th, 2016 by Derek Bambauer
Apple and the Department of Justice are dueling over whether the iPhone maker must write code to help the government break into the San Bernadino shooter’s phone. The government obtained a warrant to search the phone (a nicety, perhaps, since the phone’s owner has consented to the search, and the shooter is dead). But, the […]
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Filed under: Apple, badware, Computer crime, Court Decisions, Criminal law, Encryption, Fourth Amendment, Intermediaries, Internet & Society, national security, NSA, Politics, Privacy, Security, Software
Posted on July 22nd, 2015 by Derek Bambauer
I have a new essay coming out in Loyola University Chicago Law Journal titled Sharing Shortcomings. Comments and feedback are very much welcomed. Here’s the abstract: Current cybersecurity policy emphasizes increasing the sharing of threat and vulnerability information. Legal reform is seen as crucial to enabling this exchange, both within the public and private sectors […]
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Filed under: badware, Computer crime, Criminal law, Digital Media, Encryption, Intermediaries, Internet & Society, Law School, national security, NSA, Privacy, Scholarship, Security
Posted on May 13th, 2015 by Derek Bambauer
Cybersecurity legislative and policy proposals have had to grapple with when (if ever) firms ought to be held liable for breaches, hacks, and other network intrusions. Current approaches tend to focus on the data that spills when bad things happen: if it’s sensitive, then firms are in trouble; if not personally identifiable, then it’s fine; […]
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Filed under: badware, Computer crime, Criminal law, Encryption, FTC, Intermediaries, Internet & Society, ISP, Microsoft, national security, NSA, Politics, Search Engines, Security, Software
Posted on October 3rd, 2014 by Derek Bambauer
The fall began with a wave of hacked nude celebrity photos (as Tim notes in his great post). The release generated attention to the larger problem of revenge porn – or, more broadly, the non-consensual sharing of intimate media. Legislators and scholars have moved to tackle the problem. Danielle Citron proposes a model statute for criminalizing revenge […]
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Filed under: Apple, badware, Copyright, Digital Media, DMCA, Encryption, Google, Intermediaries, Internet & Society, Media, Privacy, Scholarship, Search Engines, Security, Social Networking, Software, Video
Posted on September 27th, 2014 by Derek Bambauer
I have a new article on how to address questions of accuracy in cybersecurity up on SSRN. It’s titled Schrödinger’s Cybersecurity; here’s the abstract: Both law and cybersecurity prize accuracy. Cyberattacks, such as Stuxnet, demonstrate the risks of inaccurate data. An attack can trick computer programs into making changes to information that are technically authorized but […]
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Filed under: badware, FTC, Intermediaries, Internet & Society, Law School, national security, Scholarship, Security, Software
Posted on March 28th, 2014 by Derek Bambauer
Jane and I are in Cluj-Napoca, Romania, for a conference titled “Crimes, Criminals, and the New Criminal Codes: Assessing the Effectiveness of the Legal Response” at Babes-Bolyai University. Jane is speaking on “Surveillance in a Technological Age: The Case of the NSA,” and I’m giving a talk based on my forthcoming article Ghost in the Network. […]
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Filed under: badware, Computer crime, Digital Media, international, Internet & Society, Law School, Media, national security, NSA, Politics, Scholarship, Security, Software
Posted on December 19th, 2013 by Derek Bambauer
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 […]
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Filed under: badware, Cognitive Decisionmaking, Computer crime, Court Decisions, FTC, Intermediaries, Internet & Society, Law School, Privacy, Scholarship, Security, Software
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 April 10th, 2012 by Derek Bambauer
Catchy title, no? Today, Al Perry, Vice President of Worldwide Content Protection and Outreach at Paramount Pictures, came to BLS to talk about movies, piracy, and the Internet. He spoke for about 40 minutes, and then Jason Mazzone offered comments. Next, we had about 30 minutes of spirited discussion with BLS students. I’m writing up […]
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Filed under: badware, Copyright, Digital Media, Education & Copyright, Filtering, First Amendment, Google, Intermediaries, Internet & Society, Law School, Music, Politics, RIAA, Scholarship, Search Engines, Software
Posted on January 21st, 2012 by Derek Bambauer
It may seem strange in a week where Megaupload’s owners were arrested and SOPA / PROTECT IP went under, but cybersecurity is the most important Internet issue out there. Examples? Chinese corporate espionage. Cyberweapons like Stuxnet. Anonymous DDOSing everyone from the Department of Justice to the RIAA. The Net is full of holes, and there […]
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Filed under: badware, Computer crime, Digital Media, Encryption, Impersonation, Intermediaries, international, Internet & Society, Media, national security, NSA, Privacy, Scholarship, Security, Software