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 [...]

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!

Hacking Michigan

No, it’s not the Butler Bulldogs trying to mess with the Spartans, though Michigan State is involved. I’m presenting The Hacker’s Aegis (forthcoming in the Emory Law Journal) at the Junior Scholars in IP Workshop at MSU’s College of Law. My friend Dave Levine has a paper on trade secrets here, and there’s a wealth [...]

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 [...]

Data Security and Data Privacy in the Payment System

On Friday, March 19, Brooklyn Law School hosts a symposium on data security and data privacy in the payment system. There’s a terrific lineup of speakers, including James Grimmelmann of NYLS, Chris Jay Hoofnagle of Berkeley, Sarah Jane Hughes from Indiana-Bloomington, Adam Levitin of Georgetown, Juliet Moringiello from Widener, Frank Pasquale of Seton Hall, and [...]

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 [...]

Anita Bernstein on Integrating Professional Responsibility

My friend and BLS colleague Anita Bernstein has a thought-provoking blog post at TortsProf on how to integrate tenets of lawyers’ professional responsibility obligations – and dilemmas – into a Torts class. The six issues she raises are ones that we should be sensitive to in teaching law generally, and I’m going to try to [...]

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 [...]