In an interesting and thoughtful critique of Danielle Citron’s Cyber Civil Rights, Michael Froomkin argues that Danielle’s proposal to require ISPs to maintain records of IP addresses will spell “the complete elimination of anonymity on the US portion of the Internet in order to root out hateful speech.” Anonymous speech should be strongly protected, as […]
When does civil liability for speech trigger First Amendment protections? Recently, Professor Neil Richards and I posted on SSRN our new article exploring this question: Rethinking Free Speech and Civil Liability, 109 Columbia Law Review (forthcoming 2009).
Over at Emergent Chaos, Adam Shostack raises an interesting issue regarding Alex Rodriguez (A-Rod) and confidentiality. According to the rules in place about the baseball steroid testing back in 2003, the results of these tests were supposed to be confidential. According to Gregg Doyel at CBS:
Pursuant to the Federal Election Campaign Act (FECA), people’s campaign contributions must be accessible to the public. I’ve long found this to be problematic when applied to the campaign contributions of individuals. Certainly, information must be reported to the government to ensure that campaign contribution limits aren’t exceeded. But I don’t know why it is […]
The TSA, in its never-ending quest to inconvenience us without keeping us safe, has once again changed its rules on identification. According to the old rule, if you didn’t provide ID at the airport, you would be subjected to secondary screening. Now, you may be denied the right to fly entirely. According to the TSA:
Last week brought the unfortunate news that Lori Drew was indicted for a violation of the Computer Fraud and Abuse Act for her ill-conceived hoax on Megan Meier. According to an MSNBC article:
Facebook founder, Mark Zuckerberg, has learned a lesson about privacy — it’s hard to maintain if others irresponsibly leak your personal information. From the New York Times:
Timothy Zick recently blogged about a lawsuit by a parent of a deceased soldier against a fundamentalist religious group that protested near the funeral. The religious group has been protesting near several funerals for soldiers, and their message is particularly offensive: The group claims that the soldiers died as punishment for a society that permits […]
A bill in the U.S. House of Representatives, the Free Flow of Information Act, endeavors to create a federal privilege for journalists — a shield from being forced to identify anonymous sources. According to a Washington Post editorial in support of the bill:
As there are tons of new scholarly works in the privacy law field each year, I thought it might be useful to point out a few books and articles that I found particularly interesting and useful from the past year. This post will cover only those books and articles published in 2006.