I submitted a comment to the California State Bar's Standing Committee on Professional Responsibility and Conduct (COPRAC) on its proposed amendments to the…
In Robert Penn Warren’s All the King’s Men, the author compares the law to a blanket. When used by a big family in the same bed, one family member tugs on the b…
On March 31, I gave a virtual guest lecture in Mailyn Fidler’s course “The Digital Fourth Amendment” at Harvard Law School. Prof. Fidler invited me to come talk…
You, a first-year law student taking your Crim Pro exam, quickly scan the first question: “Can a cell phone be a tracking device?” Your initial reaction – must…
A. Introduction For several years now, one of the most hotly contested Internet policy questions in the European Union (EU) has been whether and how platforms…
On November 17, 2019, Reuters reported that the Federal Bureau of Investigation (FBI) had drafted a resolution for the international police organization, Interp…
I’ve written here, here, here about the interception flaw in the US-UK Agreement under the CLOUD Act, which permits at least the UK to order US platforms to wir…
Tool Without A Handle: “Book Review: Tools and Weapons” “Since the dawn of time, any tool can be used for good or ill. Even a broom can be used to sweep the…
I’ve written here, here and here about the interception flaw in the US-UK Agreement under the CLOUD Act, which permits at least the UK to order US platforms to…
In my first blog post on the CLOUD Act and US-UK Agreement, I noted that the wiretap provision of the CLOUD Act - as opposed to the stored content provisions re…
The implementation of Art. 17 of the Copyright in the Digital Single Market (C-DSM) Directive is ongoing. In particular, the multi-stakeholder dialogue under Ar…
Your DNA defines you as a unique human being. Unless you have a genetically identical sibling, your DNA is yours alone, a genetic map of proclivities for diseas…
My blog post on the big interception flaw in the CLOUD Act and US-UK Agreement generated some interesting responses, mostly offline, arguing that it is legal fo…
On October 3, 2019, the United States and the United Kingdom entered into a first-of-its-kind executive agreement under the CLOUD Act. The text of the agreement…
Right now, Chinese users of WeChat, an app that includes text, video, and picture messaging plus a Facebook-style news feed (among many other features), can'…