Against Jawboning and Outrageous and Irrational

Volume 100 of Minnesota Law Review has just been published. “Against Jawboning” is in the first issue, along with co-blogger / spouse Jane Bambauer, whose article “Outrageous and Irrational” is co-authored with constitutional law / First Amendment expert and friend Toni Massaro. Minnesota LRev continues to be one of the top venues for publishing information […]

Against Jawboning

I’d be grateful for feedback on a new draft article, Against Jawboning, coming out in volume 100 of the Minnesota Law Review. Here’s the abstract: Despite the trend towards strong protection of speech in U.S. Internet regulation, federal and state governments still seek to regulate on-line content. They do so increasingly through informal enforcement measures, […]

Copyright and the Naughty Bits

My article Exposed is now up on SSRN. It’s coming out in volume 98 of the Minnesota Law Review in 2014. Here’s the abstract: The production of intimate media – amateur, sexually explicit photos and videos – by consenting partners creates social value that warrants increased copyright protection. The unauthorized distribution of these media, such […]

Cybersecurity Puzzles

Cybersecurity is in the news: a network intrusion allegedly interfered with railroad signals in the Northwest in December; the Obama administration refused to support the Stop Online Piracy Act due to worries about interfering with DNSSEC; and the GAO concluded that the Department of Homeland Security is making things worse by oversharing. So, I’m fortunate […]

Magic Numbers and Copyright Infringement

Round Three of the Jammie Thomas-Rasset trial is over. The recording industry both won and lost: it won on infringement, but lost on its efforts to protect the jury’s damages award of $62,500 per song (work) infringed. Judge Michael Davis of the U.S. District Court of Minnesota reduced the damages award to $2,250 per song […]

Sunshine, Elections, and Privacy (Again)

I’ve been thinking and writing again about the topic of my very first full law review article: the role of “sunshine” in our election system and the way it can compromise individual privacy. In the internet era, personal convictions and associations may be burned by too much sunshine. Of course, the public deserves to know […]

Cybersecurity’s Conundrum

I’ve uploaded my new paper on cybersecurity, Conundrum, to SSRN, and welcome feedback on it. The paper is coming out in volume 96 of the Minnesota Law Review next year. The abstract is below. In addition, the paper makes a few points that are at once common sense and heretical: Experience with natural disasters and […]

Bashing Bosses on Facebook

Our own Bill McGeveran discusses how labor law, and corporate culture, will be reshaped by the advent of social media in today’s New York Times “Room for Debate.” And now, if you’ll excuse me, I need to go delete some Facebook posts.

Death Knell for Google Books Settlement?

The class action lawsuit against the Google Books program has receded from its former prominence in news reports, but there has still been a lot of activity. The parties retreated into seclusion to negotiate a settlement last fall and then, faced with objections from the Department of Justice, negotiated some more and reached a new […]

Invasion of the Copyright Parasites

I still subscribe to my local newspaper, the St. Paul Pioneer Press, in dead-tree form. One evening in early August, just before my vacation, as I perused the ever-shrinking opinion page, my eye ran across this headline: “MEDIA, OLD AND NEW ‘FREE-RIDING’ AND COPYRIGHT.” The authors, Dan and David Marburger, argue that news aggregation web […]