Resisting the Resistance: Resisting Copyright and Promoting Alternatives
This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has politica…
Academic Writing
The Right Tools: Europe's Intermediary Liability Laws and the 2016 General Data Protection Regulation
Forthcoming in the Berkeley Technology Law Journal The so-called “Right to Be Forgotten” established by the Court of Justice of the European Union in 2014 is a…
Right to Be Forgotten: Much Ado About Nothing
In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, int…
Reforming Intermediary Liability in the Platform Economy: A European Digital Single Market Strategy
Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, interme…
It's Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law
For more than forty years, electronic surveillance law in the United States has drawn a strong distinction between the protections afforded to communications &q…
Europe’s “Right to Be Forgotten” in Latin America
This article appeared as Chapter Five in "Towards an Internet Free of Censorship II Perspectives in Latin America" Europe’s “Right to Be Forgotten” i…
El “derecho al olvido” de Europa en América Latina
This article appeared as Chapter Five in "Hacia una Internet libre de censura II Perspectivas en América Latina". El “derecho al olvido” de Europa en…
Human Shields: Complementary Duties under IHL
Abstract Like other law-of-war practices, human shielding has become the subject of intense lawfare. In today’s conflicts, the prohibition on the use of human…
Public-Private Cybersecurity
Abstract: Calls for public-private partnerships to address U.S. cybersecurity failures have become ubiquitous. But the academic literature and public debate ha…
The Law of Cyber Peace
Abstract: Increasing and worthwhile attention has been paid to applying existing international law to the cause of enhancing global cybersecurity. The bulk of…
Human Rights and Cybersecurity Due Diligence: A Comparative Study
Abstract: No company, just like no nation, is an island in cyberspace; the actions of actors from hacktivists to nation states have the potential to impact the…
Giving Up on Cybersecurity
UCLA Law Review Discourse, Vol. 64, Forthcoming UCLA School of Law, Public Law Research Paper No. 16-29 Abstract: Recent years have witnessed a dramatic incr…