The FTC as Data Security Regulator: FTC v. Wyndham and Its Implications
Co-authored with Daniel Solove. In the field of data security law, hardly any case has had as much at stake as Federal Trade Commission v. Wyndham. The FTC has…
Other Writing
Who Will Pay for the Zero Marginal Cost Society?
Jeremy Rifkin's book, The Zero Marginal Cost Society, is at times thrilling, at times encyclopedic, and at times possibly hyperbolic. It is very well-writte…
Interconnection Disputes Are Network Neutrality Issues (of Netflix, Comcast, and the FCC)
Cross-posted from CircleID. A lot of people have been talking about the "interconnection" deal between Comcast and Netflix and whether that deal is r…
The FTC and Privacy and Security Duties for the Cloud
Third-party data service providers, especially providers of cloud computing services, present unique and difficult privacy and data security challenges. While m…
What Does the Internet of Things Mean for Corporate Secrecy?
Last week, a new group called the Industrial Internet Consortium—made up of several technology companies including AT&T, Cisco, GE, IBM, Intel and interesti…
Obama Press Attacks Degrade the First Amendment In The Name of Security
Cross-posted from Forbes. This post is co-authored with Morgan Weiland, a J.D.-Ph.D. candidate at Stanford Law School and the Stanford Communication Department…
Can You Sue A Robot For Defamation?
Cross-posted from Forbes. Life moves pretty fast. Especially for journalists. When an earthquake aftershock shakes America’s second largest city, news outlets…
FAA Appeals Drone Decision
Cross-posted from Concurring Opinions. Last week, an administrative law judge invalidated a fine against Raphael Pirker by the Federal Aviation Administration…
Hollywood's Copyright Lobbyists Are Like Exes Who Won't Give Up
You know when you break up with someone and they just don’t get the message? A few months later, they’re trying again, testing the waters with a few small thing…
Drones: 1, FAA: 0
Cross-posted from Forbes. An administrative judge invalidated a fine yesterday against an individual who used a small drone for the commercial purpose of takin…
Guest Post: The NSA’s Culture of “Legal Compliance” Still Breaks the Law
Cross-posted from Just Security. Lately the NSA has been on a public relations offensive that has two principal aims. First, the agency is trying to convince t…
The Net Neutrality Loss Is as Bad as the SOPA Bill
Life before the Internet sucked. My life as a kid growing up in suburban Michigan consisted of urban sprawl, shopping malls, and bad television (except 30 minut…