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…
I don’t know that generativity is a theory, strictly speaking. It’s more of a quality. (Specifically, five qualities.) The attendant theory, as I read it, is…
Crossposted from Barbara van Schewick's website Netarchitecture.org. [This is the second of two posts on Jonathan Zittrain’s book The Future of the Interne…
Crossposted from Barbara van Schewick's website Netarchitecture.org. I'm participating in an online symposium on Jonathan Zittrain's book The Futur…
Prohibition wasn’t working. President Hoover assembled the Wickersham Commission to investigate why. The Commission concluded that despite an historic enforce…
Privacy is something we lose actively, not passively. Listen to the verbs of our digital lives: * We browse the web and Google. * We tweet and Twitter. * W…
I don’t have a great deal to add to coverage of last week’s big patent story, which concerned the filing of a complaint by Microsoft co-founder Paul Allen ag…
The financial literacy of America has improved markedly, nearly to college level, as a result of the global recession that started in 2007. What about state-ow…
Tim Egan on the NYT website: "It would be nice to dismiss the stupid things that Americans believe as harmless, the price of having such a large, messy dem…
Emotions ran high at this week’s Privacy Identity and Innovation conference in Seattle. They usually do when the topic of privacy and technology is raised, an…
"They don't want you to know which interests are paying for the ads. The only people who don't want to disclose the truth are those with something…
The Progress and Freedom Foundation has just published a white paper I wrote for them titled "The Seven Deadly Sins of Title II Reclassification (NOI Remix…
Eugene Robinson's piece in the Washington Post today (plus Todd Purdum's recent VF piece) got me thinking. Is it impossible for any modern President to…