PRIVACY + SECURITY BLOG

News, Developments, and Insights

The Pathology of Picking Supreme Court Justices

The Supreme Court appointment process has become almost pathological . . . ironically, for rational reasons. The incentive is for presidents to select people who are: (1) young, so they have a reign on the Court that rivals Fidel Castro’s in length; and (2) obscure, so they have rarely taken any positions on any major […]

California’s Tougher Anti-Paparazzi Law and the First Amendment

Recently, Governor Arnold Schwarzenegger signed a law that toughened California’s Anti-Paparazzi Act, Cal. Civ. Code §1708.8. The original act was passed in 1998 in response to Princess Diana’s death, which was caused when her car was fleeing aggressive paparazzi.

When Clacks Squawk: The New Keystroke Surveillance

You thought keyboard clacking was just annoying noise. Little did you know your clacking is broadcasting what you’re typing! Berkeley researchers have developed a way to monitor your keystrokes without installing a device into your computer. Thus, far, keystrokes can be monitored via special software or other devices installed into people’s computers (either directly or […]

The Grand Jury: Forcing People to Help Prosecutors and to Pay for It Too

  Should private citizens be forced, against their will, to subsidize and assist the state in its prosecutorial function?  This is basically what happens when people are summoned to testify before grand juries or are picked for grand jury duty.  I’ve previously written an extensive critique of the grand jury, with a focus on its subpoena […]

Fox News and Vigilante Justice Gone Bad

There have been some interesting discussions recently about people taking matters into their own hands and shaming others whom they witness committing crimes.  A while back, I wrote about the shaming of the dog poop girl, whose picture and personal information were placed on a website after she failed to clean up her dog’s poop on […]

The Washingtonienne Case and the Still-Very-Much-Alive Public Disclosure Tort

Earlier this summer, I blogged about the Washingtonienne case. Recently law professor Andrew McClurg wrote a piece for the Washington Post about the case. He writes: Cutler’s blog, written under the pseudonym Washingtonienne, was a daily diary of her sex life while working as a staffer for Sen. Mike DeWine (R-Ohio). It recounted, entertainingly and […]

How Companies Help Phishers and Fraudsters

A friend of mine recently received in the mail a letter purporting to be from Citibank.  It contained a sheet of paper saying: “Please see the enclosed for information regarding your Citi Mastercard Customer Credit Card account ending in [last four digits] issued by Citibank USA, N.A.”  Inside the letter were two little brochures – a notice […]

Babies on the No Fly List

According to the AP [link no longer available]: Infants have been stopped from boarding planes at airports throughout the United States because their names are the same as or similar to those of possible terrorists on the government’s “no-fly list.” It sounds like a joke, but it’s not funny to parents who miss flights while scrambling […]