Professor of Law|
Georgetown University Law Center
600 New Jersey Ave, N.W.
Washington, DC 20001
Google Voice: 720-432-1411
Works in ProgressDesirable Inefficiency (work-in-progress) (with Jonathan Frankle). Regulating Software When Everything Has Software, ____ Geo. Wash. U.L. Rev. ___ (forthcoming 2016) (with Blake Reid). Internet Balkanization's Silver Lining, ___ UCLA L. Rev. Discourse ___ (forthcoming 2016). What if Everything Reveals Everything? (with Scott Peppet), in Big Data is Not a Monolith (Cassidy Sugimoto, Michael Mattioli, and Hamid Ekbia) (forthcoming 2016). Necessity Rules in Criminal Procedure, in The Cambridge Handbook of Surveillance Law (Stephen Henderson and David Gray, eds) (forthcoming 2016). The Computer Fraud and Abuse Act: Structure, Controversy, and Proposals for Reform in Information Security Policy (working title) (Trey Herr ed.) (forthcoming 2016).
ArticlesSensitive Information, 88 Southern California Law Review 1125 (2015) Branding Privacy, 97 Minnesota Law Review 907 (2013). Broken Promises of Privacy: Responding to the Surprising Failure of Anonymization, 57 UCLA Law Review 1701 (2010). The Rise and Fall of Invasive ISP Surveillance, 2009 University of Illinois Law Review 1417 (2009). The Myth of the Superuser: Fear, Risk, and Harm Online 41 U.C. Davis Law Review 1327 (2008).
Essays, Book Chapters, Symposia Contributions, and Technical PapersBook Chapter, What Do the Rules Say About Data Analysis? in Big Data, Privacy, and the Public Good: Frameworks for Engagement (Cambridge University Press) (Julia Lane, Victoria Stodden, Stefan Bender, and Helen Nissenbaum eds.) (forthcoming 2014). The Fourth Amendment in a World Without Privacy, 81 Mississippi Law Review 1309 (2012) (symposium). Electronic Surveillance Law and the Intra-Agency Separation of Powers, 47 University of San Francisco Law Review 269 (2012) (symposium). The Argument Against Technology Neutral Surveillance Laws, 88 Texas Law Review 1685 (2010) (symposium). Probably Probable Cause: The Diminishing Importance of Justification Standards, 94 Minnesota Law Review 1514 (2010) (symposium). Book Review, Dr. Generative or: How I Learned to Stop Worrying and Love the iPhone, 69 Maryland Law Review 910 (2010) (with James Grimmelmann) (reviewing Jonathan Zittrain, The Future of the Internet--And How to Stop It). Computer Programming and the Law: A New Research Agenda, 54 Villanova Law Review 117 (2009). Good Enough Privacy, 2008 University of Chicago Legal Forum 1. The Olmsteadian Seizure Clause, 2008 Stanford Technology Law Review 2. Legal Issues Surrounding Network Monitoring Research, Proceedings of the Internet Measurement Conference 2007 (invited paper) (with Dirk Grunwald and Doug Sicker). The Analog Hole and the Price of Music: An Empirical Study, 5 Journal on Telecommunications & High Techology Law 573 (2007) (with Doug Sicker and Shannon Gunaji).
Short WorksFree for the Taking (Or Why Libertarians are Wrong About Markets for Privacy), Jotwell, May 26, 2014 (reviewing Katherine Strandburg, Free Fall: The Online Market's Consumer Preference Disconnect and Chris Jay Hoofnagle & Jan Whittington, Free: Accounting for the Internet's Most Popular Price) (online journal). Should Sniffing Wi-Fi be Illegal?, IEEE Spectrum (forthcoming 2014). The Care and Feeding of Sticky Defaults in Information Privacy Law, Jotwell, May 20, 2013 (reviewing Lauren Willis, When Nudges Fail: Slippery Defaults) (online journal). Don't Build a Database of Ruin, Harvard Business Review blog network, August 23, 2012. Cybersecurity Through Information Theory, Jotwell, May 19, 2011 (reviewing Derek E. Bambauer, Conundrum) (online journal). Massive Hard Drives, General Warrants, and the Power of Magistrate Judges, 97 Virginia Law Review In Brief 1 (2011) (responding to Orin Kerr, Ex Ante Regulation of Computer Search and Seizure, 96 Va. L. Rev. 1241 (2010)). I Always Feel Like Somebody's Watching Me, Jotwell, April 29, 2010 (reviewing Ryan Calo, People Can Be So Fake: A New Dimension to Privacy and Technology Scholarship). Breaking Felten's Third Law: How Not to Fix the Internet, 87 Denver University Law Review DU Process 50 (2010) (symposium). When Network Neutrality Met Privacy, 53 Communications of the ACM 30 (2010). The Greatest Threat to Privacy, invited contribution to Deep Packet Inspection, A Collection of Essays from Industry Experts, Office of the Privacy Commissioner of Canada (2009). Do Blogs Influence SSRN Downloads? Empirically Testing the Volokh and Slashdot Effects (unpublished manuscript posted 2007) The Fourth Amendment Right to Delete, 119 Harvard Law Review Forum 10 (2005).
Published Prior to Becoming a Full-Time AcademicParallel-Effect Statutes and E-Mail "Warrants": Reframing the Internet Surveillance Debate, 72 George Washington Law Review 1599 (2004). Usenet, A Case Study: On Regulating the Internet, 46 UCLA Law Review 1941 (1999) (student note).
Case-RelatedBrief of Amici Curiae Law Professors and Instructors, Rehberg v. Paulk (11th Cir. 2010) (primary author). Brief of Amici Curiae Electronic Freedom Foundation, Bunnell v. MPAA (9th Circuit 2008) (with Marcia Hoffman and Kevin Bankston). Brief of Amici Curiae Experts in Computer Forensics Technology, U.S. v. Andrus (10th Circuit 2007) (with Jennifer Granick).
Non-Law Review and BloggingSeptember, 2008 - Present: Freedom to Tinker (a blog authored mostly by computer scientists founded by Ed Felten of Princeton), Permanent Blogger. August - October, 2008: Concurring Opinions, Guest Blogger. April 2007: Volokh Conspiracy, Guest Blogger. March 2007: Concurring Opinions, Guest Blogger.
Notable PresentationsEthical and Policy Issues in the Statistical Use of Big Data, American Statistical Association, Joint Statistical Meetings, Boston, MA, August, 2014. University of San Diego Center for Computation, Mathematics and the Law Inaugural Workshop, San Diego, CA, March 21-22, 2014. Re-Identification Risk of De-Identified Data Sets in the Era of Big Data, AAAS Annual Meeting, Chicago, IL, February 16, 2014. Workshop on the Social, Economic, and Workforce Implications of Big Data Analytics and Decision Making, NSF, Washington, DC, January 30-31, 2014. Privacy, Information and Law, at REWIRED: How Law and Technology Shape Social Progress, Wayne Morse Center for Law and Politics, University of Oregon, January 22, 2014. Invited Author, Swimming in the Ocean of Big Data: National Security in an Age of Unlimited Information, Journal of National Security Law & Policy, Georgetown University Law Center, February 27, 2013. Panelist, Big Data and Big Challenges for Law and Legal Information, Georgetown Law Library, January 30, 2013. Paper Commenter and Invited Harvard Law Review Forum Author, Privacy and Technology, Symposium of the Harvard Law Review, November 9, 2012. Paper Commenter and Invited PENNumbra Author, The Evolving Internet, Symposium of the University of Pennsylvania Law Review, October 19-20, 2012. Branding Privacy, Intellectual Property Scholars Conference, Palo Alto, CA, August 9-10, 2012 (plenary speaker). Moderator and Program Committee Member, AALS Mid-Year Meeting, Workshop on When Technology Disrupts Law: How do IP, Internet and Bio Law Adapt?, Berkeley, CA, June 10-12, 2012 Branding Privacy, Privacy Law Scholars Conference, Washington, DC, June 7-8, 2012. Panelist, Big Data, Big Problems, Center for Law and Information Policy, Fordham University Law School, March 2, 2012. Panelist and Invited Author, Big Brother in the 21st Century, University of San Francisco Law School, February 24, 2012. Colloquium Speaker, Florida State University Law School, Tallahassee, FL, February 22, 2012. Panelist, Electronic Privacy Revisited, American Constitution Society for Law & Policy (ACS) 2011 National Convention, Washington DC, June 18, 2011 Workshop for the Program on Law and Computation, University of Houston Law School, April 22, 2011 Panelist, Cutting-Edge Issues in Privacy Regulation, Law and Society (LSA) Annual Meeting, San Francisco, CA, June 5, 2011 Privacy Trade-offs, Privacy Law Scholars Conference, Berkeley, California, June 3, 2011. Seminar on Privacy and Data Anonymization, London, England, UK Information Commissioner's Office, March 30, 2011 Rethinking the Fourth Amendment: Why the Coming Surveillance Society Need Not Lead to a Surveillance State, University of Mississippi School of Law National Center for Justice and the Rule of Law, Fourth Amendment Symposium, Oxford, Mississippi, March 9 - 11, 2011 Bugs, Santa Clara Law School, Internet Law Scholars Conference, March 5, 2011 Privacy and Intermediaries, Stanford Law School, Symposium of the Stanford Technology Law Review, March 3, 2011 Rethinking the Fourth Amendment, University of Pennsylvania School of Law, Symposium of the Pennsylvania Journal of Constitutional Law, January 28, 2011 Privacy and Data Analytics, 32nd International Conference of Data Protection and Privacy Commissioners, Jerusalem, Israel, October 27-28, 2010 Centre for Information Policy Leadership, 2010 Annual Membership Retreat, July 22, 2010 Privacy 3.0, Conference of Western Attorneys General Annual Meeting, Santa Fe, New Mexico, July 18 - 21, 2010 The Benefits of the Old Privacy: Restoring the Focus to Traditional Harm, Privacy Law Scholars Conference, June 4, 2010 What Do You Mean by Anonymization?, International Association of Privacy Professionals Global Privacy Summit, April 20, 2010 Symposium on Technology, Privacy, Law Enforcement, and Intelligence, Texas Law Review, February 5-7, 2010 Law and Information Society Faculty Workshop Series, Center on Law and Information Policy Fordham University Law School, January 22, 2010 2010 AALS Annual Meeting, Section on Defamation and Privacy, Fusion Centers and Beyond: New Challenges to Privacy, January 8, 2010. Symposium on Cyber Civil Rights, Denver University Law Review, November 20, 2009 Information Technology and Society Colloquium Series and Distinguished Seminar Series on Security and Privacy, New York University School of Law, November 12, 2009 Berkeley Center for Law and Technology, Conference: Social Networks: Friends or Foes?, October 23, 2009 Limitless Probable Cause: The Misguided Debate Over Justification Standards, Minnesota Law Review Symposium on Cyberlaw, October 16-17, 2009 Broken Promises of Privacy: The Failure of Anonymization, DePaul Center for IP Law and Information Technology Symposium, Chicago, IL, October 15-16, 2009 The Future of Internet Law, Intellectual Property Scholars Conference, Cardozo University, New York, NY, August 6-7, 2009 The Probability of Privacy, Privacy Law Scholars Conference, Berkeley, CA, June 5, 2009 The Probability of Privacy: Faculty Workshops at:
Local Conferences and TalksWiretapping the Internet, ATLAS Institute Series on Internet Commerce and Technology, December 8, 2008 The Law and Ethics of Network Monitoring, Silicon Flatirons, December 5, 2008 (organizer and moderator). Internet Privacy: Between Security and Privacy, Center for Science and Technology Policy Research, November 1, 2007 Recent Developments in Internet Privacy Law and Policy, Boulder Bar Association Intellectual Property Section, October 11, 2007 The Future of User-Generated Content, Silicon Flatirons, October 10, 2007 (panelist on Legal Issues panel). The Web and the West, Silicon Flatirons, March 20, 2007 (panelist on The Democratic Impulse panel). Re-examining Open Source and Community Development, Silicon Flatirons, March 5, 2007 (organizer and moderator). The Digital Broadband Migration 2007, Silicon Flatirons, February 11, 2007. The Challenges of Information Management, Silicon Flatirons, March 13, 2006 (panelist on Data Security panel). The Digital Broadband Migration 2006, Silicon Flatirons, February 19, 2006 (moderated panel on DRM).