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…
The release of Mandiant's report outlining China's cyber-espionage activities directed against the United States in recent years consumed the mainstream…
In the face of efforts to reform the Computer Fraud and Abuse Act (CFAA), some buinesses have told lawmakers that the CFAA should be used to punish breach of co…
I wrote a new essay entitled “Code, Nudge, or Notice?” that might interest CIS readers. The essay compares side-by-side three ways that the government tries to…
CISPA, Redux. Given the recent high-profile incidents regarding the systemic hacking of prominent news organizations, it’s not surprising to see cybersecurity…
Patent trolls — companies that assert patents as a business model instead of creating products — have been in the news lately. This is hardly surprising, given…
The Hacker Manifesto lauds the world of the electron and the switch, where the talented are treated equally and the values of curiosity and exploration reign su…
Law professor and cybercrime expert Orin Kerr published a proposal to amend the Computer Fraud and Abuse Act (CFAA) to address the overcriminalization that he h…
Cross-posted from The Atlantic By Woodrow Hartzog and Evan Selinger Facebook's announcement of its new Graph search tool on Tuesday set off yet another ro…
Yesterday, Representative Zoe Lofgren introduced on Reddit a bill to improve the Computer Fraud and Abuse Act in the wake of Aaron Swartz's suicide during t…
Below is part 2 of the post Towards Learning from Losing Aaron Swartz. The CFAA is incredibly broad and covers swaths of online conduct that should not merit p…
Law Professor and Computer Fraud and Abuse Act expert Orin Kerr wrote today in his usual thorough and well-informed fashion about the legal claims in Aaron Swar…
Over the weekend, I learned that Aaron Swartz had taken his own life. I cried, and am still crying, for him, his family, for the close friends who loved him, a…