Identifying and Countering Fake News: New Study Published

Fake news has become a controversial topic, with media organizations, scholars, and even the President of the United States debating the issue. However, it’s not clear what counts as “fake news.” This makes it difficult to diagnose the social harms from fake news, or to create solutions to them. A new report, “Identifying and Countering […]

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 […]

Graduate Research Fellow in Privacy and Freedom of Speech – Apply!

The University of Arizona James E. Rogers College of Law welcomes applications for a graduate research fellowship beginning in October / November 2016 and ending in summer / fall 2017. The Fellow will work with Professors Derek Bambauer and Jane Bambauer on a series of projects related to privacy, transparency, and free speech, including a major research […]

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 […]

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 […]

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 […]

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; […]

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 […]

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, […]

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 […]