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 […]

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; […]

The Law of Internet Intermediaries: Meet the New Boss, Same as the Old Boss

I have a short essay, Middlemen, up at the Florida Law Review Forum. It’s a response to Jacqui Lipton‘s thought-provoking article, Law of the Intermediated Information Exchange (bonus: first page is at 1337!). And, it has a footnote about turtles. Here’s the introduction: Meet the new boss, same as the old boss. The Internet was supposed […]

Gene Patents, Oil-Eating Bacteria, and the Common Law

The Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics today. A unanimous Court (with a short, quirky concurrence from Justice Scalia) held that the patent claims directed to isolated, purified DNA sequences did not recite patentable subject matter under 35 U.S.C. 101; by contrast, those directed to complementary DNA (DNA […]

Cyberwar and Cyberespionage

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 […]

Protecting Hackers from Lawyers

Oliver Day and I presented the idea behind our article The Hacker’s Aegis (now available from Emory Law Journal – the cite, for law nerds, is 60 Emory L.J. 1051 (2011)) at the Berkman Center for Internet & Society at Harvard Law School yesterday. The Webcast of the talk should be available soon. We had […]

Protecting Hackers From Lawyers

Oliver Day and I are giving a talk at the Berkman Center for Internet & Society at Harvard Law School (our former home) on our proposed shield law to protect software security research. (The longer version is in our Emory Law Journal article.) The talk is on Tuesday, July 19, at 12:30PM, and it’ll be […]

Cybersecurity Theory and Myths

David Opderbeck put together a terrific cybersecurity conference at Seton Hall today. I was on a panel discussing cybersecurity policy and legal theory. The audience was primarily law enforcement and practicing attorneys, so I asked, “What are you doing here?” In good academic fashion, I proceeded to (try to) answer my own question – why […]

Malware, MacOS, and Mayhem

It’s Alliteration Monday here at Info/Law! Ars Technica has a great write-up on the Mac Defender malware that’s been infecting hipsters‘ MacBooks left and right. Apple started by ignoring the problem, and has subsequently woken up and started to use features such as File Quarantine to deal with it. Belated, but laudable. I have three […]

Google Music, and the Cost of Holdouts

Google is set to debut its cloud-based music service, called (creatively) Google Music. This isn’t revolutionary after Amazon launched its service. What makes it fun for IP nerds like me is that Google initially tried to strike licensing deals with the major music labels, but when they failed, they altered their service (to avoid the […]