Martin Luther King, Labor Day, and Surveillance
Interesting to see how the three topics converge. First, an excerpt from King’s December 1961 speech to the AFL-CIO Convention: Less than a century ago, the laborer had no rights, little or no respect,...
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The Technocracy Prepares for War
Many have blamed American militarism on George W. Bush. Whether cast as cowboy, crusader, or dupe of the Angler, the ex-president was a convenient scapegoat. By 2008, voters felt comforted that neither...
View ArticleHeads Up 3D Printing and more: The Georgetown Law Journal Volume 102...
Folks, As you know Gerard and I have been working up our paper Patents, Meet Napster: 3D Printing and the Digitization of Things . It will be part of The Georgetown Law Journal Volume 102 Symposium:...
View ArticleOn the NSA and Media Bias: An Extended Analysis
By Albert Wong and Valerie Belair-Gagnon, Information Society Project at Yale Law School In a recent article in the Columbia Journalism Review, we reported that major US newspapers exhibited a net...
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NSA Metadata Surveillance and the Fourth Amendment
A U.S. District Court recently held that the NSA surveillance of telephone metadata likely violates the Fourth Amendment. The case is Klayman v. Obama. The NSA surveillance program involves an...
View Article10 Reasons Why Privacy Matters
Why does privacy matter? Often courts and commentators struggle to articulate why privacy is valuable. They see privacy violations as often slight annoyances. But privacy matters a lot more than that....
View ArticleWhat President Obama’s Surveillance Speech Should Have Addressed
In his recent speech on surveillance, President Obama treated the misuse of intelligence gathering as a relic of American history. It was something done in the bad old days of J. Edgar Hoover, and...
View ArticleIt’s About Data Hoards – My New Paper Explains Why Data Escrow Won’t Protect...
A core issue in U.S. v. Jones has noting to do with connecting “trivial” bits of data to see a mosaic; it is about the simple ability to have a perfect map of everywhere we go, with whom we meet, what...
View ArticleProtecting the Precursors to Speech and Action
The Constitution cares deeply about the pre-cursors to speech. Calo wondered where my paper, Constitutional Limits on Surveillance: Associational Freedom in the Age of Data Hoarding, parts ways with...
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Brad A. Greenberg on the Free Flow of Information Act of 2013
Brad A. Greenberg is Intellectual Property Fellow at Columbia Law School’s Kernochan Center for Law, Media and the Arts. He writes primarily about laws that encourage, restrict, or regulate speech and...
View ArticleSchneier on the NSA, Google, Facebook Connection But What About Phones?
Bruce Schneier argues that we should not be fooled by Google, Facebook, and other companies that decry the recent NSA data grabs, because the nature of the Internet is surveillance; but what about...
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Surveillance, Capture, and the Endless Replay
Global opposition to surveillance may be coalescing around the NSA revelations. But the domestic fusion centers ought to be as big a story here in the US, because they exemplify politicized law...
View ArticleThe data retention judgment, the Irish Facebook case, and the future of EU...
On April 8 the Court of Justice of the European Union (CJEU) announced its judgment in the case C-293/12 and C-594/12 Digital Rights Ireland. Based on EU fundamental rights law, the Court invalidated...
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The Flawed Foundations of Article III Standing in Surveillance Cases (Part I)
I’m grateful for the opportunity to be a Concurring Opinions guest blogger this month. My posts will largely concentrate on the history of Article III standing for plaintiffs seeking to challenge...
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The Flawed Foundations of Article III Standing in Surveillance Cases (Part III)
In my first two posts, I’ve opened a critical discussion of Article III standing for plaintiffs challenging government surveillance programs by introducing the 1972 Supreme Court case of Laird v....
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The Flawed Foundations of Article III Standing in Surveillance Cases (Part IV)
In my first three posts, I’ve opened a critical discussion of Article III standing for plaintiffs challenging government surveillance programs by introducing the 1972 Supreme Court case of Laird v....
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The Black Box Society: Interviews
My book, The Black Box Society, is finally out! In addition to the interview Lawrence Joseph conducted in the fall, I’ve been fortunate to complete some radio and magazine interviews on the book. They...
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5 Great Novels About Privacy and Security
I am a lover of literature (I teach a class in law and literature), and I also love privacy and security, so I thought I’d list some of my favorite novels about privacy and security. I’m also trying to...
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Highly Recommended: Chamayou’s The Theory of The Drone
Earlier this year, I read a compelling analysis of drone warfare, Gregoire Chamayou’s The Theory of The Drone. It is an unusual and challenging book, of interest to both policymakers and philosophers,...
View ArticleThe Fragility of Desire
In his excellent new book Exposed, Harcourt’s analysis of the role of desire in what he calls the “expository society” of the digital age is seductive. We are not characters in Orwell’s 1984, or...
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