Academic Writing

Privacy and Markets: A Love Story

Author(s): 
Ryan Calo
Publication Date: 
August 6, 2015
Publication Type: 
Academic Writing
Read more about Privacy and Markets: A Love Story

Abstract:      

Law and economics tends to be skeptical of privacy, finding privacy overrated, inefficient, and perhaps even immoral. Law should not protect privacy because privacy inhibits the market by allowing people to hide useful information. 

Privacy law scholars tend to be skeptical of markets. Markets “unravel” privacy by penalizing consumers who prefer it, degrade privacy by treating it as just another commodity to be traded, and otherwise interfere with the values or processes that privacy exists to preserve.

Bait, Mask, and Ruse

Author(s): 
Elizabeth Joh
Publication Date: 
April 10, 2015
Publication Type: 
Academic Writing

Deception and enticement have long been tools of the police, but new technologies have enabled investigative deceit to become more powerful and pervasive. Most of the attention given to today’s advances in police technology tends to focus either on online government surveillance1 or on the use of algorithms for predictive policing or threat assessment.2 No less important but less well known, however, are the enhanced capacities of the police to bait, lure, and dissemble in order to investigate crime. What are these new deceptive capabilities, and what is their importance? Read more about Bait, Mask, and Ruse

Intellectual Privacy: Rethinking Civil Liberties in the Digital Age

Author(s): 
Neil Richards
Publication Date: 
January 22, 2015
Publication Type: 
Academic Writing

Abstract:

Most people believe that privacy and free speech are always at odds. People all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. Read more about Intellectual Privacy: Rethinking Civil Liberties in the Digital Age

New Republican Bill Is Network Neutrality in Name Only

Author(s): 
Barbara van Schewick
Morgan Weiland
Publication Date: 
January 20, 2015
Publication Type: 
Academic Writing

After a year of debates and a month before the Federal Communication Commission’s (FCC’s) rulemaking on network neutrality, the GOP has finally joined the party. Through a draft bill released late last week, congressional Republicans have taken a step in the direction of supporting network neutrality. That’s a good thing, and moves them closer to the existing consensus. Roughly four million Americans submitted comments to the FCC calling for real network neutrality rules over the past year, and polls show that both Republicans and Democrats overwhelmingly support a ban on fast lanes. Read more about New Republican Bill Is Network Neutrality in Name Only

Network Neutrality and Quality of Service: What a Nondiscrimination Rule Should Look Like

Author(s): 
Barbara van Schewick
Publication Date: 
January 16, 2015
Publication Type: 
Academic Writing

Over the past ten years, the debate over “network neutrality” has remained one of the central debates in Internet policy. Governments all over the world have been investigating whether legislative or regulatory action is needed to limit the ability of providers of Internet access service to interfere with the applications, content, and services on their networks. Read more about Network Neutrality and Quality of Service: What a Nondiscrimination Rule Should Look Like

Trade Secrets and Climate Change: Uncovering Secret Solutions to the Problem of Greenhouse Gas Emissions

Author(s): 
David Levine
Publication Date: 
August 18, 2014
Publication Type: 
Academic Writing

Climate change is a significant and complex problem facing the world today. To solve the problem will require the coordinated efforts of both the public and private sectors. As with earlier challenges of global significance (such as the polio epidemic), new and improved technologies promise solutions. Read more about Trade Secrets and Climate Change: Uncovering Secret Solutions to the Problem of Greenhouse Gas Emissions

Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look Like

Author(s): 
Barbara van Schewick
Publication Date: 
June 26, 2014
Publication Type: 
Academic Writing

In December 2010, the Federal Communications Commission (FCC) adopted the Open Internet Order, which enacted binding network neutrality rules for the first time. Network neutrality rules limit the ability of Internet service providers to interfere with the applications, content and services on their networks; they allow users to decide how they want to use the Internet without interference from Internet service providers. In January of this year, the Court of Appeals for the D.C. Circuit struck down the core provisions of the Open Internet Order – the rules against blocking and discrimination. Read more about Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look Like

Reviving Implied Confidentiality

Author(s): 
Woodrow Hartzog
Publication Date: 
March 5, 2014
Publication Type: 
Academic Writing

Download the article from the Indiana Journal of Law. 

The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions. Read more about Reviving Implied Confidentiality

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