The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
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 Swartz's case. While his analysis of the law is, as usual, spot on, I nevertheless disagree with its treatment of Aaron's case as routine and, by implication, unremarkable. I am in the process of explaining why , but want to address here a few of Orin's arguments. Read more about With the CFAA, Law and Justice Are Not The Same: A Response to Orin Kerr
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, and for our community. We lost a rare and special person, one who did so much in his short life to make the world a better place. Any do-gooder, including myself, could be proud were we to accomplish as much. We don't know what else he would have acheived were he to have lived. But I admit that I also cried for myself, because I felt guilty that I didn't do more to help Aaron in his criminal case. This post is about part of that challenge, the challenge to improve computer crime laws, and the criminal justice system more generally. Hopefully in the end, there'll be something that I, and you, can do about it. Read more about Towards Learning from Losing Aaron Swartz
Today the Sixth Circuit ruled in United States v. Skinner that police do not need a warrant to obtain GPS location data for mobile phones. Investigators obtained an unspecified court order, but not a warrant, to obtain subscriber information, cell site information, GPS real-time location, and “ping” data regarding two different prepaid cell phone numbers.
The Court does not explain the technology used for tracking the defendant. Read more about UPDATED: Sixth Circuit Cell Tracking Case Travels Down the Wrong Road