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…
In the public debate over secret NSA spying, we keep hearing three refrains to justify, or at least accommodate people, to the U.S. government's surveillanc…
The Center for Internet and Society (CIS) at Stanford Law School launched a new online privacy initiative today called the “Cookie Clearinghouse,” which will em…
Last week was a busy one for the National Security Agency. On Wednesday, the Guardian revealed a top secret court order that compelled Verizon to turn over meta…
Last week, President Obama met with Chinese President Xi Jinping to discuss the ongoing problem of Chinese cyber espionage. The Obama administration has recentl…
It seems like the world has been turned upside down when a US citizen flees to China seeking political asylum. And yet Edward Snowden is apparently hiding out…
The New Republic recently published a piece by Jeffrey Rosen titled “The Delete Squad: Google, Twitter, Facebook, and the New Global Battle Over the Future of F…
On Wednesday, news broke that the U.S. National Security Agency (NSA) had been routinely collecting all call metadata on every Verizon (and presumably other tel…
UPDATE #1 (1900 ET): The WaPo and Guardian report this evening that through its PRISM program, NSA also is directly tapped into the systems of many leading Int…
Should individuals hold veto power over depictions of reality? That's the question at the heart of Hart v. Electronic Arts, Inc., and we here at the Fair Us…
"Will lawsuits kill the autonomous car?" That's a dramatic expression of a common question. (And one to which Twitter has a short retort.) Here’s…
Cross-posted from The Nation. Co-Authored with Ari Melber and Evan Selinger. Facebook is on the defensive again. Members of the social networking site sued the…
When Florida v. Jardines, the case where an officer approached a house with a drug-sniffing dog, first came down, Orin Kerr and others noted that the Supreme Co…