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Debate (Round 2): Metadata and the Fourth Amendment

Round Two of my debate with Orin Kerr about whether the bulk collection of phone call records is regulated by the Fourth Amendment is now published on the Just Security blog. In this round, I argue that normative considerations, including those associated with bulk data collection, are explicitly part of existing Fourth Amendment jurisprudence. The 1979 case of Smith v.

Just Security Blog Launch

A new online platform launches today called Just Security, a forum on law, rights, and U.S. national security. Just Security aims to promote principled and pragmatic solutions to the problems decision-makers face in U.S. national security law and practice. The legal analysis and policy prescriptions proposed by Just Security will provide balanced and broad perspectives currently missing in the national security dialogue.

We Robot: Third Annual Robotics & Law Conference

I'm delighted to announce We Robot 2014, back at the University of Miami School of Law for its third year after a wonderful event at Stanford Law School last April. Cyberlaw is about more than the Internet. As Chris Anderson put it so well in another context, atoms are the new bits. I hope you will join us for another stimulating discussion of the intersection of law, policy, and robotics. Call for papers below. Be there, or be digital.

Big Data and Privacy: Thank You

Thank you to everyone who attended and participated in the Big Data and Privacy we co-hosted last week. A collection of proceedings form the conference will be published in the near future. Papers that were submitted in advance of the event are now available here.

Alalalai! . . . Rojadirecta is Up for Battle Again in Italy

The ongoing claims against the Rojadirecta website for linking to streams of sporting events are novel and quite important in defining the rights and responsibilities of intermediaries that host links to possibly infringing content stored elsewhere. While the U.S. case against Rojadirecta was resolved a few years, ago, litigation continues in Italy. As an Italian scholar who just moved to the Center for Internet and Society to serve as the Intermediary Liability Fellow, I’d like to update readers on the latest Italian episode of the Rojadirecta saga and to locate this new case within the broader Italian legal framework for intermediary liability.

Welcome Giancarlo Frosio!

We here at CIS are delighted to welcome Giancarlo Frosio to our team.  Giancarlo is our new Intermediary Liability Fellow, studying the ways that liabilities, immunities and safe harbors for global communications platforms affect freedom of expression and innovation online.  Frosio is an Italian lawyer, fluent in several languages, with an S.J.D. and an LL.M.  from Duke University Law School and an LL.M. from the University of Strathclyde in the U.K.

Recurring Myths About the Legal Obligations of Online Platforms

In recent months, some copyright holders, pharmaceutical companies, and state attorneys general have made allegations against Internet companies that help users find and share information. In short, they claim that because some users engage in copyright infringement, sell counterfeit products, or otherwise encourage potentially criminal activity on the Internet, the users’ Internet platforms should be held responsible for these misdeeds. That is, Google should be punished for any user’s copyright infringement on YouTube, Facebook for any user’s harassing post, and Twitter for any user’s slanderous tweet. According to the critics, that is, these companies should screen all users’ speech and take on the role of editors or publishers, rather than being open platforms for the speech of millions.

Madness And Privacy Harm

Recent research suggests a new trend among paranoid schizophrenics: they believe they are secretly being taped by hidden cameras for purposes of a reality show. I don't know quite what to make of this "fascinating cultural illness," to use Carla Casilli's eloquent label. This population is presumably going to pick some premise for their delusion; what does it matter whether their imagined antagonist is a demon or a director?

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