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…
Joint post with Jonathan Mayer. Earlier today Mozilla announced support for Do Not Fool, a proposed mechanism for opting out of April Fools' pranks. We can…
Late last week FTC Commissioner Rosch penned a column in which he repeated a number of hackneyed criticisms of Do Not Track. Senators McCaskill and Pryor articu…
Stanford Center The FTC’s Do Not Track (DNT) proposal would essentially provide online users with a convenient universal opt-out of …. well, what exactly? Ad t…
Just when I thought that locally, if not nationally, we are flooded with law / technology conferences du jour, I realized the timeliness of yet another confab:…
An interesting case with big privacy implications looming: A Kentucky Court of Appeals holds you don’t need a person’s permission to tag them in a Facebook phot…
Requiring notice is an extraordinarily popular way to regulate. In online privacy, for instance, giving notice about their practices is among the only affirmat…
I am pleased to post three more Hearsay Culture shows for this quarter. The first, Show 132, February 15, is my interview with Associate Dean Michael Madison o…
I have written an article on the future of sovereignty in the age of Wikileaks. I welcome Your comments. "The hidden power structures and the inner workin…
In the past few weeks a few potential employers and schools were reported to have asked for access to the Facebook profile of an applicant or student. These re…
Do Not Track is on its way to becoming an Internet standard. In collaboration with Sid Stamm at Mozilla we've submitted an Internet-Draft to the IETF, speci…
Several services provide real-time tracking and browsing the position of aircraft in flight. By using the aircraft’s registration number (aka the ‘tail number’,…
The Supreme Court granted our cert. petition this morning! Both claims (Progress Clause and First Amendment) will be reviewed on the merits. SCOTUSblog calls it…