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 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 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 November 21st, 2012 by Derek Bambauer
The resignation of CIA Director David Petraeus, after a cyberharassment investigation brought his affair with biographer Paula Broadwell to light, has generated a fascinating upsurge in privacy worries. (Side note: I believe “working with my biographer” has now superseded “hiking the Appalachian Trail” as the top euphemism for infidelity). Orin Kerr has an excellent summary […]
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Filed under: Anonymity, Computer crime, Encryption, Fourth Amendment, Intermediaries, Internet & Society, Media, national security, NSA, Politics, Privacy, Security
Posted on May 7th, 2012 by Derek Bambauer
Adam Dachis has an interesting and worrisome post up at Lifehacker. (Disclosure: he kindly asked me for input into the post.) It thinks about a post-CISPA world, where privacy exists only at the behest of companies who hold our information. CISPA would immunize these firms for sharing information with the federal government, so long as […]
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Filed under: Anonymity, Computer crime, Encryption, Filtering, Google, Intermediaries, Internet & Society, ISP, Media, national security, NSA, Politics, Privacy, Security, Software
Posted on January 24th, 2012 by Derek Bambauer
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 […]
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Filed under: Anonymity, Computer crime, Encryption, Intermediaries, international, Internet & Society, ISP, Minnesota, national security, NSA, Politics, Privacy, Scholarship, Security, 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
Posted on November 10th, 2011 by Derek Bambauer
Cybersecurity is a hot policy / legal topic at the moment: the SEC recently issued guidance on cybersecurity reporting, defense contractors suffered a spear-phishing attack, the Office of the National Counterintelligence Executive issued a report on cyber-espionage, and Brazilian ISPs fell victim to DNS poisoning. (The last highlights a problem with E-PARASITE and PROTECT IP: […]
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Filed under: Anonymity, badware, Computer crime, Digital Media, Encryption, Intermediaries, international, Internet & Society, Media, national security, NSA, Privacy, Scholarship, Security, Software