Trusting Big Data Research
ABSTRACT Although it might puzzle or even infuriate data scientists, suspicion about big data is understandable. The concept does not seem promising to most pe…
Academic Writing
Privacy, Vulnerability, and Affordance
INTRODUCTION A person without privacy is vulnerable. But what is it to be vulnerable? And what role does privacy or privacy law play in vulnerability? This Art…
Data Extraterritoriality
Data’s intangibility poses significant difficulties for determining where data is located. The problem is not that data is located nowhere, but that it may be l…
The Death of ‘No Monitoring Obligations’: A Story of Untameable Monsters
In imposing a strict liability regime for alleged copyright infringement occurring on YouTube, Justice Salomão of the Brazilian Superior Tribunal de Justiça sta…
Communicating Cyber Intelligence to Non-Technical Customers
This article examines the challenge facing cyber intelligence analysts who have to explain threat information and analysis to non-technical consumers, like exec…
Everything Radiates: Does the Fourth Amendment Regulate Side-Channel Cryptanalysis?
Abstract Encryption shields private information from malicious eavesdroppers. After years of slow adoption, encryption is finally becoming widespread in consum…
From Horizontal to Vertical: An Intermediary Liability Earthquake in Europe
As part of its Digital Single Market Strategy, the European Commission would like to introduce vertical regulations, replacing — or better conflicting with — th…
The Introduction of a Neighbouring Right for Press Publisher at EU Level: The Unneeded (and Unwanted) Reform
(with Christophe Geiger and Oleksandr Bulayenko) This article discusses the proposed introduction in EU law of neighbouring rights for press publishers for the…
The Taking Economy: Uber, Information, and Powe
Abstract Sharing economy firms such as Uber and Airbnb facilitate trusted transactions between strangers on digital platforms. This creates economic and other…
Automated Driving and Product Liability
Abstract This Article focuses on one cyberphysical domain — automated driving — to methodically analyze the so-called liability problem. It considers how autom…
Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition
Abstract Though scholars have identified the expanding scope of First Amendment speech doctrine, little attention has been paid to the theoretical transformati…
Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Abstract This article maps ICANN’s ambivalent drift into online content regulation through its contractual facilitation of a “trusted notifier” copyright enfor…