Protecting Hackers From Lawyers
Oliver Day and I are giving a talk at the Berkman Center for Internet & Society at Harvard Law School (our former home) on our proposed shield law to protect software security research. (The longer...
View ArticleProtecting Hackers from Lawyers
Oliver Day and I presented the idea behind our article The Hacker’s Aegis (now available from Emory Law Journal – the cite, for law nerds, is 60 Emory L.J. 1051 (2011)) at the Berkman Center for...
View ArticleWhat Is A “Hack”?
Rick Reilly. (Sorry, that’s *who* is a hack.) But, Adam Penenberg has a great article at Fast Company about the increasingly amorphous definition of “hacking”: it can cover everything from social...
View ArticleHacking Bloomberg Law
I had a fun podcast interview with Spencer Mazyck of Bloomberg Law about this summer’s wave of hacking. We talk about who hacks and why, what companies can do about it (treat it like disaster...
View ArticleSpying, Skynet, and Cybersecurity
The drones used by the U.S. Air Force have been infected by malware – reportedly, a program that logs the commands transmitted from the pilots’ computers at a base in Nevada to the drones flying over...
View ArticleThe Myth of Cyberterror
UPI’s article on cyberterrorism helpfully states the obvious: there’s no such thing. This is in sharp contrast to the rhetoric in cybersecurity discussions, which highlights purported threats from...
View ArticleCyber-Terror: Still Nothing to See Here
Cybersecurity is a hot policy / legal topic at the moment: the SEC recently issued guidance on cybersecurity reporting, defense contractors suffered a spear-phishing attack, the Office of the National...
View ArticleHow Not To Secure the Net
In the wake of credible allegations of hacking of a water utility, including physical damage, attention has turned to software security weaknesses. One might think that we’d want independent experts –...
View ArticleGoldilocks and Cybersecurity
It may seem strange in a week where Megaupload’s owners were arrested and SOPA / PROTECT IP went under, but cybersecurity is the most important Internet issue out there. Examples? Chinese corporate...
View ArticleHollywood Comes to Brooklyn
Catchy title, no? Today, Al Perry, Vice President of Worldwide Content Protection and Outreach at Paramount Pictures, came to BLS to talk about movies, piracy, and the Internet. He spoke for about 40...
View ArticleCyberwar and Cyberespionage
My paper “Ghost in the Network” is available from SSRN. It’s forthcoming in the University of Pennsylvania Law Review. I’m appending the abstract and (weirdly, but I hope it will become apparent why)...
View ArticleShark Tanks and Cybersecurity
It’s the most wonderful time of the year… for data breaches. Target may have compromised as many as 40 million credit and debit cards used by shoppers in their stores. What liability will they face? At...
View ArticleCybercrime’s International Challenges
Jane and I are in Cluj-Napoca, Romania, for a conference titled “Crimes, Criminals, and the New Criminal Codes: Assessing the Effectiveness of the Legal Response” at Babes-Bolyai University. Jane is...
View ArticleOn Accuracy in Cybersecurity
I have a new article on how to address questions of accuracy in cybersecurity up on SSRN. It’s titled Schrödinger’s Cybersecurity; here’s the abstract: Both law and cybersecurity prize accuracy....
View ArticleCelebrities, Copyright, and Cybersecurity
The fall began with a wave of hacked nude celebrity photos (as Tim notes in his great post). The release generated attention to the larger problem of revenge porn – or, more broadly, the non-consensual...
View ArticleThe Crane Kick and the Unlocked Door
Cybersecurity legislative and policy proposals have had to grapple with when (if ever) firms ought to be held liable for breaches, hacks, and other network intrusions. Current approaches tend to focus...
View ArticleSharing Shortcomings
I have a new essay coming out in Loyola University Chicago Law Journal titled Sharing Shortcomings. Comments and feedback are very much welcomed. Here’s the abstract: Current cybersecurity policy...
View ArticleThe iPhone Writ Large
Apple and the Department of Justice are dueling over whether the iPhone maker must write code to help the government break into the San Bernadino shooter’s phone. The government obtained a warrant to...
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