Cybersecurity and Information Law

Today, I moderated a panel at the Cybersecurity Workshop at Central European University on the role that information law will play in cybersecurity. (Thanks to Kate Coyer, Stefaan Verhulst, Monroe Price, and Roxana Radu for inviting me!) Here’s basically what I said:
Cybersecurity may be the issue that leads states to re-fight the old battle of [...]

Thinking Cybersecurity in Budapest

I’m attending the Cybersecurity Workshop at Central European University in Budapest, Hungary. The workshop seeks to help researchers set an agenda for studying cybersecurity policy and issues. Tomorrow, I’m moderating a panel on the role that information law plays in cybersecurity, and I’ll post a precis of my talk here afterwards. There’s a great mix [...]

Android and the Perils of Open Source

Over at Tim Bray’s Android Developers Blog, there is a fascinating post by Dan Morrill, the Open Source & Compatibility Program Manager for Android. (“Program Manager” is tech-speak; it generally means someone who tries to make sure that the trains run on time and that a given program / project stays on track to meeting [...]

Richard Epstein vs. Me on Internet Censorship

Professor Richard Epstein (U. Chicago) and I have been debating Internet censorship, and the exchange is posted at the State Department’s America.gov site. This is a rematch of our Legal Affairs debate in 2006. I think the heart of the debate is Epstein’s position that there are universal moral norms that should govern (and, largely, [...]

Cybersieves in The Legal Workshop

An op-ed version of my article Cybersieves is available at The Legal Workshop. It’s a condensed, hopefully snappier version of the piece, and is intended for the general public in addition to cyberlaw geeks like me. Many thanks to Lee Davis and the Duke Law Journal staff for their excellent work!

Two Short Papers on Peer-Produced Digital Libraries

Readers of this blog with an interest in open-access issues may enjoy a pair of short essays I recently posted on SSRN. They bring together a fair amount of the thinking I previously deployed in piecemeal fashion on this blog here, here, here, here, here, and here. (My co-bloggers, of course, have written very perceptively [...]

Crowdsourced Diagnosis of Harvard Law Professor’s Mystery Ailment

Fans of the open-source software movement are acquainted with Linus’ Law: “given enough eyeballs, all bugs are shallow.” Translated into something more closely approximating conversational English, it means: the more people who examine a problem, the more likely it is that the solution will occur to at least one of them, even if the problem [...]

Hackers Are Your Friends

My friend and Berkman colleague Oliver Day and I have just released a new paper, The Hacker’s Aegis. It argues that intellectual property law has been hacked to block socially valuable research on software security. Moreover, we contend that software vulnerability data challenges existing assumptions, and scholarship, on how information about improvements to works protected [...]

Cell Phone Tracking

My friend Catherine Crump, staff attorney at the ACLU, has an excellent op-ed in the Philadelphia Inquirer about whether police must obtain a warrant before engaging in geo-location of cell phones. The case at issue, in front of the Third Circuit, offers an important opportunity to clarify privacy rights at a time when our physical [...]

The Hacker’s Aegis

My friend Dave Levine, who teaches IP and Internet law at Elon University School of Law, has posted an episode of his cool podcast, Hearsay Culture, where he talks with me and Oliver Day (a Berkman friend who is a hacker) about how IP law gets in the way of software security research. Oliver and [...]