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Articles 1 - 10 of 10
Full-Text Articles in Law
Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin
Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin
Articles
It is no longer reasonable to assume that electronic communications can be kept private from governments or private-sector actors. In theory, encryption can protect the content of such communications, and anonymity can protect the communicator's identity. But online anonymity-one of the two most important tools that protect online communicative freedom-is under practical and legal attack all over the world. Choke-point regulation, online identification requirements, and data-retention regulations combine to make anonymity very difficult as a practical matter and, in many countries, illegal. Moreover, key internet intermediaries further stifle anonymity by requiring users to disclose their real names.
This Article traces …
Government Data Breaches, A. Michael Froomkin
Property And Probable Cause: The Fourth Amendment's Principled Protection Of Privacy, Ricardo J. Bascuas
Property And Probable Cause: The Fourth Amendment's Principled Protection Of Privacy, Ricardo J. Bascuas
Articles
No abstract provided.
A Dispatch From The Crypto Wars, A. Michael Froomkin
A Dispatch From The Crypto Wars, A. Michael Froomkin
Articles
Matt Curtin's Brute Force is a primarily personal account of one early effort to harness the power of distributed computing. In 1997, Mr. Curtin and other members of the DESCHALL (DES Challenge) project built, distributed, and managed software that united thousands of computers, many of them ordinary personal computers, in the search for a single decryption key among 72 quadrillion possibilities. The DESCHALL project sought to demonstrate that DES, then the U.S. national standard encryption algorithm, was no longer as secure as advertised. While Brute Force also offers some background on encryption regulation, export control policy, and other aspect of …
Form And Substance In Cyberspace, A. Michael Froomkin
Form And Substance In Cyberspace, A. Michael Froomkin
Articles
In this Response to the preceding article by Joe Sims and Cynthia Bauerly, A. Michael Froomkin defends his earlier critique of ICANN. This Response first summarizes the arguments in Wrong Turn In Cyberspace, which explained why ICANN lacks procedural and substantive legitimacy. This Response focuses on how the U.S. government continues to assert control over the domain name system, and how this control violates the APA, the nondelegation doctrine as articulated by the Supreme Court in Carter Coal, and public policy. Professor Froomkin then proposes that ICANN's role be more narrowly focused away from policy making towards true …
The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin
The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin
Articles
No abstract provided.
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Articles
The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Articles
No abstract provided.
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin
Articles
No abstract provided.
It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin
It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin
Articles
No abstract provided.