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(Im)Perfect Enforcement
Prohibition wasn’t working. President Hoover assembled the Wickersham Commission to investigate why. The Commission concluded that despite an historic enforce…
Notice by Design
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Banking on Our Privacy
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…
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The Imponderable Privacy Problem, Again
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…
People Can Be So Fake
People Can Be So Fake: A New Dimension to Privacy and Technology Scholarship, 114 PENN STATE LAW REVIEW 809 (2010) * Publication Type:Academic Writing * Publ…
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After the cyberlaw deluge, another deluge
If I ever had any hope of “keeping up” with developments in the regulation of information technology—or even the nine specific areas I explored in The Laws of…
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The Boundaries of Privacy Harm
My new paper explores what is unique about privacy harm. How does privacy harm differ from other injury? And what do we gain by defining its boundaries and co…
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What lurks within the Notice of Inquiry on Title II?
Better late than never, I’ve finally given a close read to the Notice of Inquiry issued by the FCC on June 17th. (See my earlier comments, “FCC Votes for Recla…
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Computers Freedom Privacy... And Robotics
ACM Computers Freedom Privacy is in its 20th year. This year was exciting to me in that robots entered the mix. My panel on the topic featured forecaster and…
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Facebook's Security Screening
UPDATE: Facebook explains the security procedure here. Apparently they only use photos if you have not set up another verification means. Also, I have confirmat…
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The Criminalization of E-Personation
I was interviewed yesterday for the local Fox affiliate on Cal. SB 1411, which criminalizes online impersonations (or “e-personation”) under certain circumstanc…
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"Legally Defensible" Security and the (Surprisingly Lacking) Right to Privacy
I participated last week in a Techdirt webinar titled, “What IT needs to know about Law.” (You can read Dennis Yang’s summary here, or follow his link to wat…
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ECPA and the Law of Disruption
I write in “The Laws of Disruption” of the risk of unintended consequences that regulators run in legislating emerging technologies. Because the pace of change…