PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Jennifer Aniston Nude Photos and the Anti-Paparazzi Act

Jennifer Aniston

Jennifer Aniston is suing a paparazzi who took nude photos of her. In a complaint filed in Los Angeles Superior Court, Aniston claims that Peter Brandt took topless photographs of her from a significant distance from her home. He used a high-powered telephoto lens to photograph her at her home. Aniston’s lawyers claim the photos were taken from over a mile away, but Brandt claims that this would be “impossible . . . unless you have something from NASA.”

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Media Spin: The Power of Headlines

News Media Spin

Here’s a selection of headlines for stories about the Texas court’s recent decision throwing out the conspiracy charge against Tom DeLay but retaining the money laundering charges. But by these headlines, it appears that there were two very different results in the case:

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Rational Security vs. Symbolic Security

Symbolic Security

So much for concurring opinions . . . I’ve been attacked by not only one co-blogger, but two. Earlier on, I posted a critique of the court’s decision upholding the NYC subway searching policy against a Fourth Amendment challenge.

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Subways, Searches, and Slippery Slopes

Subway Searches

The gloves are off. Dave Hoffman has lodged another challenge to my position, and I want to take a quick moment to defend myself.

I believe that Dave mischaracterizes my arguments in several places and exaggerates some of my claims. So I’ll attempt to clear up any confusion as to my positions and try to defend my turf.

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NYC Subway Searches Upheld: A Critique of the Court’s Decision

NYC Subway Searches

In a recently issued opinion, Judge Berman of the U.S. District Court for the Southern District of New York upheld New York’s subway searching policy. Back in July, New York began randomly searching people’s bags at NYC subways. I criticized the policy:

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Abolish the Bar Exam

Abolish the Bar Exam

The recent story in the WSJ that Kathleen Sullivan (law, Stanford) failed the Bar Exam raises anew whether the exam ought to be abolished. Before discussing this issue, I must note that I found the story to be a bit sensationalistic for the WSJ, as its main purpose seemed to be to mock Kathleen Sullivan. I was interviewed by the reporter of the story a few days ago because of my blog posts earlier this year (herehere, and here) arguing that Bar Exam should be abolished.

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Group Polarization and Internet Shaming

Group Polarization

I’ve discussed Internet shaming in a series of posts, most recently in a post about a shaming incident carried out against a business. The post sparked a thought-provoking discussion in the comments. Adam wrote: “What exactly is ‘mob justice’ on the internet? A crowd of people waving web browsers? Angry bloggers complaining about poor service?”

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What Does It Take to Establish Probable Cause?

Probable Cause Fourth Amendment

In a concurring opinion in United States v. McClain, No. 04-5887 (6th Cir., Dec. 2, 2005), Chief Judge Danny Boggs of the U.S. Court of Appeals for the Sixth Circuit seeks to explain what “probable cause” entails. Under the Fourth Amendment, law enforcement officials often must have probable cause to believe that the place to be searched contains evidence of a crime in order to conduct a search. In describing the standard, however, Judge Boggs defines it as a ridiculously low threshold:

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