Seeing Like a Finite State Machine
Reading this tweet by Maciej Ceglowski makes me want to set down a conjecture that I’ve been entertaining for the last couple of years (in part thanks to having…
Publication
Privacy's Constitutional Moment and the Limits of Data Protection
Abstract America’s privacy bill has come due. Since the dawn of the Internet, Congress has repeatedly failed to build a robust identity for American privacy la…
When cyberwar struck its first civilian target
Sandworm: A New Era of Cyberwar and the Hunt for the Kremlin’s Most Dangerous Hackers Andy Greenberg, Doubleday (2019) In 2017, a piece of malicious software c…
Reforming the C-DSM Reform: a User-Based Copyright Theory for Commonplace Creativity
A few years ago, Nellie Kroes warned that because of ill-adapted laws to technological development, “every day citizens […] across the EU break the law just to…
Amicus Brief of Cybersecurity Law Professors in Enigma Software v. Malwarebytes
In Enigma Software v. Malwarebytes, the Ninth Circuit ruled that 47 U.S.C. 230(c)(2)(B) does not protect anti-threat classification decisions that are allegedly…
Governing AI
Abstract Artificial intelligence (AI) is increasingly pervasive and essential to everyday life, enabling apps and various smart devices to autonomous vehicles…
Hackers are now targeting councils and governments, threatening to leak citizen data
In recent weeks, Johannesburg’s computer network was held for ransom by a hacker group called Shadow Kill Hackers. This was the second time in three months a ra…
"Becoming Part of Something Bigger": Direct to Consumer Genetic Testing, Privacy, and Personal Disclosure
Direct to consumer genetic testing (DTCGT) services where users can identify their inherited diseases and traits, find genetic relatives, and learn more about t…
5 milestones that created the internet, 50 years after the first network message
Fifty years ago, a UCLA computer science professor and his student sent the first message over the predecessor to the internet, a network called ARPANET. On Oc…
What Happens When Employers Can Read Your Facial Expressions?
Facial recognition technology, once a darling of Silicon Valley with applications for policing, spying and authenticating identities, is suddenly under fire. Co…
Reply Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)
Reply brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unse…
Content Moderation for End-to-End Encrypted Messaging
Thursday evening, the Attorney General, the Acting Homeland Security Secretary, and top law enforcement officials from the U.K. and Australia sent an open lette…