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 […]

Copyright = Speech

I have an essay coming out in volume 65 of the Emory Law Journal, as part of the terrific 2015 Thrower Symposium. It’s titled “Copyright = Speech,” and here’s the abstract: Expression eligible for copyright protection should be presumptively treated as speech for First Amendment purposes. Both copyright and the First Amendment share the goal […]

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 […]

In Memoriam: Greg Lastowka

I am deeply saddened to learn of the news of the death of my friend Greg Lastowka, a professor at Rutgers-Camden School of Law. Greg was a pioneer in studying virtual worlds and video games, and his work forms a good part of the foundation in that field. His work had that wonderful quality of […]

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 […]

Big Pharma: the New Hustler

That’s the provocative thesis of Jane’s post over at Balkinization for the conference Public Health in the Shadow of the First Amendment. Worth a read! And here’s her second post.

On Accuracy in Cybersecurity

I have a new article on how to address questions of accuracy in cybersecurity up on SSRN. It’s titled Schrödinger’s Cybersecurity; here’s the abstract: Both law and cybersecurity prize accuracy. Cyberattacks, such as Stuxnet, demonstrate the risks of inaccurate data. An attack can trick computer programs into making changes to information that are technically authorized but […]

Cybercrime’s International Challenges

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. […]

Formalism and Slow Victories in “Saving the Neighborhood”

We’re fewer than 24 hours away from seeing Carol Rose and Richard Brooks at a conference at the University of Arizona James E. Rogers College of Law, titled “Saving the Neighborhood,” after their new book. (Spaces still available! Register here.) I posted about the information law aspects of racial covenants here (cross-posted by Jane at […]