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 […]
5 Comments »
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 […]
Comments Off on Sharing Shortcomings
Filed under: badware, Computer crime, Criminal law, Digital Media, Encryption, Intermediaries, Internet & Society, Law School, national security, NSA, Privacy, Scholarship, Security
Posted on June 17th, 2015 by Derek Bambauer
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. […]
Comments Off on Ground Control to Major Dumb
Filed under: Anonymity, Computer crime, Digital Media, Encryption, Impersonation, Intermediaries, Internet & Society, Media, Privacy, Security, Software
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; […]
1 Comment »
Filed under: badware, Computer crime, Criminal law, Encryption, FTC, Intermediaries, Internet & Society, ISP, Microsoft, national security, NSA, Politics, Search Engines, Security, Software
Posted on October 3rd, 2014 by Derek Bambauer
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 […]
1 Comment »
Filed under: Apple, badware, Copyright, Digital Media, DMCA, Encryption, Google, Intermediaries, Internet & Society, Media, Privacy, Scholarship, Search Engines, Security, Social Networking, Software, Video
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 […]
Comments Off on Cyberwar and Cyberespionage
Filed under: badware, Computer crime, Encryption, Intermediaries, Internet & Society, Microsoft, national security, NSA, Politics, Privacy, Scholarship, Security, Software
Posted on January 24th, 2013 by Derek Bambauer
Because DVD ripping is illegal if you bypass DRM. Which, most of the time, you have to.
Comments Off on Whereupon I Depress Lifehacker Readers
Filed under: Computer crime, Copyright, Digital Media, Education & Copyright, Encryption, Intermediaries, Internet & Society, Media, RIAA, Security, Software, Video
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 […]
1 Comment »
Filed under: Anonymity, Computer crime, Encryption, Fourth Amendment, Intermediaries, Internet & Society, Media, national security, NSA, Politics, Privacy, Security
Posted on September 11th, 2012 by Derek Bambauer
My friend Sasha Romanosky, a research fellow at the Information Law Institute at NYU and the co-author of a great paper on data breach notification laws, is looking for your help with a research project: Greetings, I am involved in a research project that examines state laws affecting the flow of personal information. This information could […]
Comments Off on Research Project on State Information Laws
Filed under: Anonymity, Computer crime, Encryption, Impersonation, Intermediaries, Internet & Society, Privacy, Scholarship, 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 […]
Comments Off on When Cybersecurity Makes Things Worse
Filed under: Anonymity, Computer crime, Encryption, Filtering, Google, Intermediaries, Internet & Society, ISP, Media, national security, NSA, Politics, Privacy, Security, Software