Publications

Privacy and the Dark Side of Control

Author(s): 
Woodrow Hartzog
Publication Date: 
September 4, 2017
Publication Type: 
Other Writing

To hear some in industry and government tell it, the answer to our modern privacy dilemma is simple: give users more control.  There is seemingly no privacy-relevant arena, from social media to big data to biometrics that cannot be remedied with a heaping dose of personal control. Facebook founder and CEO Mark Zuckerberg said “What people want isn’t complete privacy. It isn’t that they want secrecy.

Every Cop Involved in the Arrest of This Utah Nurse for Refusing to (Illegally) Draw a Patient’s Blood Needs to Be Fired

Author(s): 
Scott Shackelford
Publication Date: 
September 1, 2017
Publication Type: 
Other Writing

Shall we ease into our Labor Day weekend with an absolutely repulsive video of a police detective abusing his authority against a completely innocent person for no real justifiable reason? Oh, why not?

Behold, Salt Lake City Police Det. Jeff Payne arresting Nurse Alex Wubbels in July for refusing to violate an unconscious—comatose, actually—man's rights by drawing his blood for the police without any sort of warrant whatsoever:

Everything Radiates: Does the Fourth Amendment Regulate Side-Channel Cryptanalysis?

Author(s): 
Riana Pfefferkorn
Publication Date: 
September 1, 2017
Publication Type: 
Academic Writing

Abstract

Encryption shields private information from malicious eavesdroppers. After years of slow adoption, encryption is finally becoming widespread in consumer-oriented electronic devices and communications services. Consumer-oriented encryption software is now more user-friendly, and much of it turns on encryption by default. These advances enhance privacy and security for millions of people.

When Politics Drives Scholarship

Author(s): 
Henry Farrell
Publication Date: 
August 30, 2017
Publication Type: 
Other Writing

The publication of Nancy MacLean’s Democracy in Chains, a history of the “public choice” economist James Buchanan and his impact on American politics, has led to an enormous, highly charged debate. But as Marshall Steinbaum correctly noted in this journal, not many people have weighed in who aren't either Team Public Choice or Team Anti-Buchanan.

Key U.S. Foreign Policy Positions—including Ambassador for War Crimes—Saved from Getting Axed

Author(s): 
Beth Van Schaack
Publication Date: 
August 29, 2017
Publication Type: 
Other Writing

Just Security recently broke the story that the State Department was considering shuttering or downgrading certain functional offices and Senate-confirmed ambassadorships within the Department.  An outpouring of support for many these offices, and particularly the Office of Global Criminal Justice, ensued in the press and elsewhere.

An Update of the Israel-Palestine-International Criminal Court Timeline

Author(s): 
Beth Van Schaack
Publication Date: 
August 28, 2017
Publication Type: 
Other Writing

A lot has happened before the International Criminal Court since we last reported on the Palestine and related situations. The timeline below picks up where my last timeline of relevant events left off. At that time, the Prosecutor had opened a preliminary examination into the Comoros referral based upon events on the Mavi Marmara, which was part of the Gaza freedom flotilla. The Prosecutor subsequently closed that examination on gravity grounds in November 2014.

Joint Status Report

Author(s): 
Jennifer Granick
Riana Pfefferkorn
Publication Date: 
August 22, 2017
Publication Type: 
Litigation Brief

What We Learn From Government Speech About Hate

Author(s): 
Danielle Citron
Publication Date: 
August 15, 2017
Publication Type: 
Other Writing

The bombing of a mosque and community center in suburban Minneapolis 10 days ago and the horrific events in Charlottesville, Va., over the weekend are just the most recent examples of hateful violence that has become all too common in America.

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