Publications

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Here Be Dragons

Author(s): 
Henry Farrell
Publication Date: 
February 29, 2016
Publication Type: 
Other Writing

A Review of Adam Segal's The Hacked World Order (PublicAffairs, 2016).

The iPhone Case and the Future of Civil Liberties

Author(s): 
Neil Richards
Publication Date: 
February 25, 2016
Publication Type: 
Other Writing

It is not often that a legal battle over smartphone firmware captures the national imagination, but such is the case as the FBI tries to access the data contained on suspected San Bernadino shooter Syed Farook’s iPhone. The feds want Apple to help it break into the phone, under the authority of an obscure 1789 law called the All Writs Act. Thus an ancient statute meets an icon of the digital age. This odd pairing is strangely appropriate, as the Apple case, and others like it, will help to determine whether our hard-fought gains in civil liberties will survive today’s technology.

Apple v the FBI: why the 1789 All Writs Act is the wrong tool

Author(s): 
Neil Richards
Woodrow Hartzog
Publication Date: 
February 24, 2016
Publication Type: 
Other Writing

Apple’s celebrated fight with the FBI over the security of its encrypted iPhones has shone the spotlight on an old and obscure federal law from 1789 known as the All Writs Act (AWA).

The AWA is a short little statute, giving federal courts the power to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”

Robots in American Law

Author(s): 
Ryan Calo
Publication Date: 
February 24, 2016
Publication Type: 
Academic Writing

Abstract:      

Who Sets the Rules of the Privacy and Security Game?

Author(s): 
Jennifer Granick
Publication Date: 
February 22, 2016
Publication Type: 
Other Writing

Last week’s big cybersecurity news was that the FBI obtained a court order to force Apple to develop new software that would bypass several iPhone security features so the FBI can attempt to unlock the work phone of one of the San Bernardino shooters. Apple plans to challenge that order. (Full disclosure: I am planning on writing a technologists’ amicus brief on Apple’s side in that challenge.)

“More Than a Domestic Mechanism”: Options for Hybrid Justice in Sri Lanka

Author(s): 
Beth Van Schaack
Publication Date: 
February 18, 2016
Publication Type: 
Other Writing

For nearly three decades, the government of Sri Lanka fought with the Liberation Tigers of Tamil Eelam (LTTE), but after years of resistance, the new government has committed to launching a genuine transitional justice program to address, and redress, the grave international crimes committed by all sides during the conflict.

The Blockchain Gang

Author(s): 
Arvind Narayanan
Publication Date: 
February 16, 2016
Publication Type: 
Other Writing

Scalia’s privacy impact will be felt for years to come

Author(s): 
Omer Tene
Publication Date: 
February 15, 2016
Publication Type: 
Other Writing

One would think privacy was a concept that Justice Antonin Scalia disliked. After all, how could a textualist, who firmly believed in lawyers’ obligation to follow the text, respect a concept as nebulous and blurry edged as privacy? A concept whose very meaning continues to befuddle lawyers, political philosophers and social scientists more than a century after it was introduced into legal jargon by Louis Brandeis, another Supreme Court giant to come?

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