Law Commons^™

Electronic Communications Privacy Act And The Revolution In Cloud Computing : Hearing Before The Subcomm. On The Constitution, Civil Rights, And Civil Liberties Of The H. Comm. On The Judiciary, 111th Cong., Sept. 23, 2010 (Statement By Adjunct Professor Marc J. Zwillinger, Geo. U. L. Center), Marc J. Zwillinger

Testimony Before Congress

ECPA has functioned fairly well during its first 20 years in striking the right balance between law enforcement needs and the privacy expectation of U.S. citizens. But when it was initially passed in 1986, Congress recognized that the “law must advance with the technology to ensure the continued vitality of the fourth amendment.” Based on my experience as an ECPA practitioner for the past 13 years, I believe the time is ripe for another advancement. I hope you will consider these perspectives in crafting legislation that balances law enforcement needs and user privacy in a manner that reflects the reality …

Online Privacy, Social Networking, And Crime Victimization : Hearing Before The H. Subcomm. On Crime, Terrorism, And Homeland Security Of The H. Comm. On The Judiciary, 111th Cong., July 28, 2010 (Statement By Adjunct Professor Marc Rotenberg, Geo. U. L. Center), Marc Rotenberg

Testimony Before Congress

Mr. Chairman, Facebook is a tremendous service, with the scope of email, the telephone, and even the Internet itself. It is also the source of many of the privacy concerns of users today. The critical problem is not what users post; it is that the Facebook changes the privacy settings too frequently and Facebook makes it too difficult for users to selectively post information. Self‐regulation has not worked because the FTC has been reluctant to pursue investigations. So, EPIC recommends changes to ECPA in Title 18 that would give users greater control of their information and reduce risk when they …

Planning For The Future Of Cyber Attack Attribution : Hearing Before The H. Subcomm. On Technology And Innovation Of The H. Comm. On Science And Technology, 111th Cong., July 15, 2010 (Statement By Adjunct Professor Marc Rotenberg, Geo. U. L. Center), Marc Rotenberg

Testimony Before Congress

Steve Bellovin, another security expert, noted recently that one of risks of the new White House plan for cyber security is that it places too much emphasis on attribution. As Dr. Bellovin explains:

The fundamental premise of the proposed strategy is that our serious Internet security problems are due to lack of sufficient authentication. That is demonstrably false. The biggest problem was and is buggy code. All the authentication in the world won't stop a bad guy who goes around the authentication system, either by finding bugs exploitable before authentication is performed, finding bugs in the authentication system itself, or …

Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Does remix matter? This brief comment addresses the critique of importance, arguing that remix culture as well as the popular/mass culture from which it springs are of vital importance to human flourishing, invoking Donna Haraway's concept of the cyborg to investigate the fluidity, dynamism, and monstrousness of remixes and remixers.

Questioning Cultural Commons, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

In Constructing Commons in the Cultural Environment, Michael J. Madison, Brett M. Frischmann, and Katherine J. Strandburg offer an innovative and attractive vision of the future of cultural and scientific knowledge through the construction of “cultural commons,” which they define as “environments for developing and distributing cultural and scientific knowledge through institutions that support pooling and sharing that knowledge in a managed way.” The kind of “commons” they have in mind is modeled on the complex arrangement of social norms that allocate lobstering rights among fishermen in Maine and extends to arrangements such as patent pools, open-source software development …