Modern Free Speech Is More Originalist Than You Think

This is a guest post by Tyler Broker, affiliate Privacy & Free Expression research fellow. Tyler’s new article, Free Speech Originalism, will be published in the Albany Law Review and is currently available in draft form on SSRN. During my time in law school, the biggest disagreements I witnessed among my peers were over the basic premises of […]

The Arizona Board of Regents Get an F in FOIA Law

My home institution is undergoing a presidential search right now. Today, I heard a puzzling story during the local segment of my NPR station: The 27-person presidential search committee has interviewed prospective candidates for president of the University of Arizona, and it has sent the Arizona Board of Regents a short list of names for […]

Internet Troll’s “Political Shenanigans” Are Protected Speech–State v. Hirschman

(Cross-posted at the Technology & Marketing Law Blog.) Aaron Hirschman, a self-proclaimed “Internet troll,” posted the following message on Craigslist: Wanna make an easy $20 for voting? (Downtown Bend) Are you interested in making a quick and easy $20? Meet us in the parking lot downtown near the drop off voting booth this weekend. All […]

Free Speech Challenges to Credit Card Surcharge Laws

I recently helped write and organize an amicus brief urging the Supreme Court to grant cert in Expressions Hair Design v. Schneiderman. The case involves a circuit split on the constitutionality of “no surcharge” laws in New York, Florida, and a few other states. These states allow retailers to give “discounts” to cash and check payers but forbid […]

Diffensive Privacy

A Response to the Criticisms of Fool’s Gold: An Illustrated Critique of Differential Privacy By Jane Bambauer and Krish Muralidhar Two years ago, we coauthored an article that challenged the popular enthusiasm for Differential Privacy. Differential Privacy is a technique that permits researchers to query personal data without risking the privacy of the data subjects. It […]

Tyler Broker on Expanding the “No Speculation” Test in Free Speech Cases

My friend and former student Tyler Broker is publishing an interesting and provocative free speech essay in the Gonzaga Law Review. I’ve asked Tyler to prepare a guest blog post. A draft of the full essay is available here. Who would be so base as to challenge the conventional wisdom that commercial speakers receive less […]

Is De-Identification Dead Again?

Earlier this year, the journal Science published a study called “Unique in the Shopping Mall: On the Reidentifiability of Credit Card Metadata” by Yves-Alexandre de Montjoye et al. The article has reinvigorated claims that deidentified research data can be reidentified easily. These claims are not new, but their recitation in a vaunted science journal led […]

Reporting Fail: The Reidentification of Personal Genome Project Participants

Last week, a Forbes article by Adam Tanner announced that a research team led by Latanya Sweeney had re-identified “more than 40% of a sample of anonymous participants” in Harvard’s Personal Genome Project. Sweeney is a progenitor of demonstration attack research. Her research was extremely influential during the design of HIPAA, and I have both […]

Privacy Law in Sixty Seconds (or so)

I am occasionally struck by my good fortune to write in an area that has such a supportive community. Much credit is due to the influence, ingenuity, and incessant hard work of Paul Schwartz and Dan Solove. Invariably, every privacy scholar has benefited from Dan’s and Paul’s support. This promotional video for their informal treatise Privacy Law […]

Do Reactions To Drug-Sniffing Dogs Say More About Drug Policy Than Privacy?

In Florida v. Jardines, the U.S. Supreme Court will determine whether the sniff of a trained narcotics dog at the front door of a person’s home constitutes a Fourth Amendment search. This is very exciting for privacy scholars because it presents two possible shifts in Fourth Amendment jurisprudence. First, the court might further expand Justice […]