PRIVACY + SECURITY BLOG

News, Developments, and Insights

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On Academic Criticism

Academic

Over at Balkinization, Brian Tamanaha (law, St. John’s) writes:

A few months ago I found myself in a fix over a book review I had committed to. When the Editor asked me to do the review, I readily agreed because I have known the author (in a collegial way) for many years, and I admire his work. I expected that the book, which I had not yet seen, would be excellent. Unfortunately, after reading the book, I had very serious reservations about the argument. . . .

From now on, to avoid being in these situations, I have resolved to only write reviews for books that I truly like (which I have done with pleasure a number of times). I feel like a coward, shirking my responsibility as an academic.

I haven’t always been reluctant to offer pointed criticisms of academic work, and I still do so—as I recently did in a post about the “judicial politics” field—if I think that a useful point would come of it. But I am becoming increasingly gun shy about the whole “honest academic debate” enterprise.

One reason for my reluctance is that I know I have offended people in the past—people I like and admire—by giving my honest critical opinion on an academic matter, an opinion which I meant as a part of an intellectual exchange but which they took personally. Although I was careful to not articulate my objections in personal terms, we all take our own ideas seriously, and thus it is easy to be put off personally by criticisms of the ideas. . . .

It’s not as much fun as it used to be to have a frank exchange of ideas, at least for me. More importantly, if we all start censoring our critical thoughts out of a desire not to offend others, or to avoid provoking a backlash, academic discourse will suffer. For this reason, I hope others do not share in my cowardice.

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Why Are Judges Citing Fewer Law Review Articles?

Judicial Citations to Legal Scholarship

Over at the Volokh Conspiracy, Orin Kerr mulls the question of why judges are citing fewer law review articles these days than in the past. He refers to an article in the New York Times about the topic:

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The Shakespeare Authorship Question

Shakespeare

Today’s Washington Post contains two articles taking different sides to the question of whether Shakespeare is the true author of his works.

An article by Roger Stritmatter (vice chairman of the Shakespeare Fellowship and a professor of English at Coppin State University) rehearses the doubts as to Shakespeare’s authorship:

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Blacklisted and Rebuffed by Canada

Canada

So you want to go to Canada, eh? Well, you might get turned away at the border if you have any criminal convictions in your past. Even ones from 20 or 30 years ago. Even minor crimes. From the San Francisco Chronicle:

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Law Review Editing: Some Suggestions for Reform

Law Review Editing

It’s that time of the year again. Every spring, law professors court law reviews. The relationship is initially filled with mutual infatuation — law professors eagerly try to get their articles accepted by the top law reviews and law review editors eagerly seek out interesting articles. It’s a springtime puppy love that sadly will not last. Soon after articles are betrothed to law reviews, the editing process starts. And that’s where some discord can set in.

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Privacy’s Other Path

Confidentiality 01a

Professor Neil Richards (Washington University School of Law) and I have posted on SSRN our new article, Privacy’s Other Path: Recovering the Law of Confidentiality, 96 Georgetown Law Journal __ (forthcoming 2007). The article engages in an historical and comparative discussion of American and English privacy law, a topic that has been relatively unexplored in America.

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National Security Letter Violations by the FBI

FBI logo

According to the a DOJ investigation, the FBI has violated the law on several occasions in connection with the issuance of National Security Letters (NSLs). A NSL is a demand letter issued to a particular entity or organization to turn over various record and data pertaining to individuals. They do not require probable cause, a warrant, or even judicial oversight. They also come with a gag order, preventing the recipient of the letter from disclosing that the letter was ever issued. Compliance is mandatory.

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Enforcing the Surveillance Laws

Surveillance

As many of the recent revelations of government surveillance and information gathering are revealing, government agencies such as the FBI and NSA are violating the law. Recently, the DOJ investigation into the FBI’s use of NSLs reveals many violations of law. So where are the penalties?

In the latest surveillance scandal, the FBI says that it is sorry. According to the New York Times:

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How Should Data Security Breach Notification Work?

Data Breach Notification

In 2005, a series of data security breaches affected tens of millions of records of personal information. I blogged about them herehereherehere, and here.

One of the major issues with data security breaches involves what kind of notification companies should provide. The spate of data security breach announcements began in February 2005, when ChoicePoint announced its breach pursuant to California’s data breach notification law. At the time, California was the only state that mandated individual notice following a breach. Subsequently, numerous states passed laws requiring that companies notify individuals of breaches. Federal legislation is currently being considered to create a national security breach provision. But key questions remain in hot contention. First, what kind of breach should trigger a notification? If the risk of harm is low, some companies contend, then providing notice can be quite costly with little benefit in return. Second, what kind of notice should be given? Notice to each individual affected? Notice to the media or FTC only?

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