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Cybersecurity Puzzles

Cybersecurity is in the news: a network intrusion allegedly interfered with railroad signals in the Northwest in December; the Obama administration refused to support the Stop Online Piracy Act due to...

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The E.U. Data Protection Directive and Robot Chicken

The European Commission released a draft of its revised Data Protection Directive this morning, and Jane Yakowitz has a trenchant critique up at Forbes.com. In addition to the sharp legal analysis, her...

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The Hardest Thing to Predict Is the Future

SOPA and PROTECT IP are dead… for now. (They’ll be back. COICA is like a wraith inhabiting PROTECT IP.) Until then, Michelle Schusterman has a terrific graphic about the movie industry’s predictions of...

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The Daily You: A Mandatory Read

Over at the Business Insider, Doug Weaver has a terrific review of our guest blogger Joe Turow’s new book The Daily You, demonstrating its practical importance to people in the field like Weaver as...

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Tempest in Tempe: First Amendment in the Desert

In the spirit of the excellent colloquy here about Marvin’s thinking on First Amendment architectures, I bring up this news item: Arizona State University blocked both Web access to, and e-mail from,...

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Cary Sherman and the Lost Generation

The RIAA’s Cary Sherman had a screed about the Stop Online Piracy and PROTECT IP Acts in the New York Times recently. Techdirt’s Mike Masnick brilliantly gutted it, and I’m not going to pile on – a...

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Operation Virtual Shield (aka Persistent Video Surveillance Coming Soon)

According to Government Technology, a network of public and private surveillance cameras increasingly monitors our daily lives.  Chicago’s Police Department’s network, called “Operation Virtual...

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Speaking of Automated Systems

Thanks so much to everyone participating in the LTAAA symposium: what a terrific discussion.  Given my work on Technological Due Process, I could not help but think about troubled public benefits...

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The Memory Hole

On RocketLawyer’s Legally Easy podcast, I talk with Charley Moore and Eva Arevuo about the EU’s proposed “right to be forgotten” and privacy as censorship. I was inspired by Jeff Rosen and Jane...

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Stealing the Throne

Ever-brilliant Web comic The Oatmeal has a great piece about piracy and its alternatives. (The language at the end is a bit much, but it is the character’s evil Jiminy Cricket talking.) It mirrors my...

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Ubiquitous Infringement

Lifehacker‘s Adam Dachis has a great article on how users can deal with a world in which they infringe copyright constantly, both deliberately and inadvertently. (Disclaimer alert: I talked with Adam...

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Santorum: Please Don’t Google

If you Google “Santorum,” you’ll find that two of the top three search results take an unusual angle on the Republican candidate, thanks to sex columnist Dan Savage. (I very nearly used “Santorum” as a...

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Pakistan Scrubs the Net

Pakistan, which has long censored the Internet, has decided to upgrade its cybersieves. And, like all good bureaucracies, the government has put the initiative out for bid. According to the New York...

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Some thoughts on Cohen’s Configuring the Networked Self: Law, Code, and the...

Julie Cohen’s book is fantastic.  Unfortunately, I am late to join the symposium, but it has been a pleasure playing catch up with the previous posts.  Reading over the exchanges thus far has been a...

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Actualizing Digital Citizenship With Transparent TOS Policies: Facebook Style

In “Intermediaries and Hate Speech: Fostering Digital Citizenship for the Information Age,” 91 B.U. L. Rev. 1435 (2011), Helen Norton and I offered moral and policy justifications in support of...

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The Turn to Infrastructure for Internet Governance

Drawing from economic theory, Brett Frischmann’s excellent new book Infrastructure: The Social Value of Shared Resources (Oxford University Press 2012) has crafted an elaborate theory of infrastructure...

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BRIGHT IDEAS: Welcoming Barbara van Schewick to Discuss Network...

On Friday, I learned that Professor Barbara van Schewick would be releasing a ground-breaking white paper entitled Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look...

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Is Forensics Law?

I’ve blogged on these pages before about the claim, popularized by Larry Lessig, that “code is law.”  During the Concurring Opinions symposium on Jonathan Zittrain’s 2010 book The Future of The...

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Pressing a point

  Prentice Women’s Hospital is a landmark for me.  Owned by Northwestern University, it stands directly across from the Northwestern Law complex, meaning that I passed it virtually every day as a law...

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Exciting news for the Center on Democracy & Technology: Nuala O’Connor...

Brilliant news: CDT’s Board of Directors just announced that Nuala O’Connor has been named President & CEO, effective January 21, 2014. O’Connor will succeed Leslie Harris, who is stepping down...

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