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Articles 1 - 3 of 3
Full-Text Articles in Law
The Hacker's Aegis, Derek E. Bambauer, Oliver Day
The Hacker's Aegis, Derek E. Bambauer, Oliver Day
Derek Bambauer
Intellectual property law stifles critical research on software security vulnerabilities, placing computer users at risk. Researchers who discover flaws often face IP-based legal threats if they reveal findings to anyone other than the software vendor. This Article argues that the interplay between law and vulnerability data challenges existing scholarship on how intellectual property should regulate information about improvements on protected works, and suggests weakening, not enhancing, IP protections where infringement is difficult to detect, lucrative, and creates significant negative externalities. It proposes a set of three reforms – “patches,” in software terms – to protect security research. Legal reform would …
Guiding The Censor’S Scissors: A Framework To Assess Internet Filtering, Derek E. Bambauer
Guiding The Censor’S Scissors: A Framework To Assess Internet Filtering, Derek E. Bambauer
Derek Bambauer
While China’s Internet censorship receives considerable attention, censorship in the United States and other democratic countries is largely ignored. The Internet is increasingly fragmented by states’ different value judgments about what content is unacceptable. States differ not in their intent to censor material – from political dissent in Iran to copyrighted songs in America – but in the content they target, how precisely they block it, and how involved their citizens are in these choices. Previous scholars have analyzed Internet censorship from various values-based perspectives, and have sporadically addressed key principles such as openness, transparency, narrowness, and accountability in evaluating …
Shopping Badly: Cognitive Biases, Communications, And The Fallacy Of The Marketplace Of Ideas, Derek Bambauer
Shopping Badly: Cognitive Biases, Communications, And The Fallacy Of The Marketplace Of Ideas, Derek Bambauer
Derek Bambauer
The model of the “marketplace of ideas” governs critical decisions in American jurisprudence on regulating communications. This theory holds that, over time, we collectively process ideas and information to separate truth from falsehood. State intervention is therefore unnecessary and undesirable, for it may prevent us from discovering inelegant but useful ideas. However, research in cognitive psychology and behavioral economics shows that we operate with significant, persistent perceptual biases that undercut this model’s assumptions. The marketplace model errs in describing how we interact with information; accordingly, it cannot reliably assess when regulation is desirable. We should discard the marketplace of ideas …