Information Libertarianism

Jane and I have a new article coming out in volume 105 of California Law Review, titled Information Libertarianism. Here’s the abstract: Recent First Amendment precedent is widely attacked as unprincipled: a deregulatory judicial agenda disguised as free speech protection. The scholarly consensus is mistaken. Descriptively, free speech protections scrutinize only information regulation, usefully pushing […]

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 […]

Is Free Speech for Assholes?

The College of Law at the University of Arizona is holding a First Amendment conference in February; the public lecture, which features a bevy of free speech luminaries, is titled, “Is Free Speech for Assholes?” The panel will debate the virtues and pitfalls of current First Amendment doctrine, from corporate speech to hate speech to […]

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 […]

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. […]

Privacy in a Data Collection Society

Jane and I are here with a great group of presenters and attendees at a conference at Loyola University Chicago School of Law, Privacy in a Data Collection Society. I’m speaking this afternoon on the folly of information sharing as a means of improving cybersecurity, and I’ll post a cleaned-up draft of my remarks here […]

The Antidote for “Anecdata”: A Little Science Can Separate Data Privacy Facts from Folklore

Guest post by Daniel Barth-Jones For anyone who follows the increasingly critical topic of data privacy closely, it would have been impossible to miss the remarkable chain reaction that followed the New York TLC’s (Taxi and Limousine Commission) recent release of data on more than 173 million taxi rides in response to a FOIL (Freedom […]

Celebrities, Copyright, and Cybersecurity

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 […]

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 […]