The Untestable Marketplace of Ideas

This post will summarize my essay, The Empirical First Amendment (forthcoming in the Ohio State Law Journal, as part of a symposium on “the Expanding First Amendment”). The essay argues that the First Amendment’s protections are surprisingly shallow when it comes to scientific discovery. I say “surprisingly” because free speech law aspires to be scientific. The […]

Artificial Intelligence, the Internet of Things, and Social Values

Please join the AALS Internet and Computer Law section for tomorrow’s session on “Artificial Intelligence, the Internet of Things, and Social Values” at the AALS annual meeting in San Francisco. Date / Time: Thursday, 5 January 2017, 1:30 – 3:15PM Location: Hilton San Francisco Union Square Hotel, San Francisco, CA Summary: The Internet of Things […]

Call for Papers: Artificial Intelligence, the Internet of Things, and Social Values

Artificial Intelligence, the Internet of Things, and Social Values Call for Papers – AALS Section on Internet and Computer Law Topic The Internet of Things will create a vast surge in the amount of data that we – and our devices – generate. To make sense of this trove of information will require the use […]

The iPhone Writ Large

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 […]

Sharing Shortcomings

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 […]

Ground Control to Major Dumb

The St. Louis Cardinals, one of baseball’s most famous teams, is under investigation (by both Major League Baseball and the FBI) for allegedly hacking into a data warehouse compiled by the Houston Astros. At first blush, this seems strange: the Cardinals play in the National League Central, and the Astros in the American League West. […]

The Crane Kick and the Unlocked Door

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; […]

ACLU Challenges Arizona Revenge Porn Law

The ACLU, ably assisted by Dentons US LLP, has filed a challenge to Arizona’s revenge porn law in federal district court (complaint, ACLU blog, WIRED story). This is great news for Arizonans: the bill was terribly drafted and unconstitutional from the moment it was signed into law. Fighting revenge porn is important, but as Arizona […]

Cybercrime’s International Challenges

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. […]

Arizona: How Not To Combat Revenge Porn

Arizona House Bill 2515 seeks to criminalize revenge porn. The only small problem: the proposed statute is blatantly unconstitutional. Here’s the text: Be it enacted by the Legislature of the State of Arizona: Section 1.  Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1425, to read: 13-1425.  Unlawful distribution of images; state of nudity; […]