New Article in the Connecticut Law Review

My article Everything Radiates: Does the Fourth Amendment Regulate Side-Channel Cryptanalysis?, 49 Conn. L. Rev. 1393 (2017), has recently been published by the Connecticut Law Review. You can download it from SSRN here. I contributed this piece as part of my participation in the law review's 2017 Symposium last January.

Remarks at IGF 2017 Session on Encryption

The following are my opening remarks for the encryption panel during the IGF 2017 main session, "Local interventions, global impacts: How can international, multistakeholder cooperation address Internet disruptions, encryption, and data flows?"

FCC’s rushed, technically flawed decision will harm the economy

Today the FCC Commissioners voted 3-2 to eliminate longstanding net neutrality protections, reclassify internet service providers as ‘information services’ under Title I of the Communications Act, and ban states from enacting their own net neutrality protections.  

Here is my statement:

"Today’s FCC vote eliminates all net neutrality protections without a replacement.

Why the FCC should prevent ISPs from micromanaging our lives

This piece is co-written by Brett Frischmann and Evan Selinger*. 

Network neutrality prevents broadband Internet service providers from micromanaging our lives online. Constraining the networks this way enables and even empowers Internet users to be active and productive human beings rather than passive consumers. Unfortunately, the network neutrality debate is so polarized that neither side sees the full picture.

Net Neutrality -- Privacy Silver Bullet, or Can of Worms?

When FCC Chairman Ajit Pai announced last week that he would eliminate the "fair play" rules known as Net neutrality, he took a step that some economists and technologists worry will eventually lead to the monopolization of Internet services in America. What, if any, impact would the elimination of Net neutrality rules have on consumer privacy? The answer, in short, is that consumers would simply be forced to pay more for it.

The Practical Impact of Carpenter v. United States

An enormous amount of attention has been paid to the oral argument before the Supreme Court in Carpenter v. United States. The transcript provides tantalizing tea leaves as to whether the Court will find a protectable right to privacy in a cell phone subscriber’s location and many pundits seem to think the day went to Carpenter while I haven’t heard anyone touting a government homerun.

A New Front in the Set-Top Box Piracy Wars: Can Sony’s Safe Harbor Save TickBox TV?

(NB: This headline does not obey Betteridge’s Law.)

Hollywood studios, led by Universal, have sued TickBox TV in federal district court in California, bringing their campaign against set-top box (STB) piracy stateside after a big win earlier this year in the EU. Last spring, the Dutch film and recording industry trade association BREIN prevailed in copyright litigation against the distributor of a STB called the Filmspeler. The CJEU held that the Filmspeler’s distributor, Wullems, directly infringed the plaintiffs’ copyrights—specifically, their right of communication to the public—by selling STBs loaded with software add-ons that provided easy access to infringing programming online. (I blogged about the Filmspeler case here.)


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