🚨 New Paper Alert 🚨

Just posted "Selling Surveillance" on SSRN (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4323985).

A shorter policy-oriented whitepaper version of this piece is scheduled for publication with
@lawfare next month thanks to support of the incomparable @arozenshtein.

As this broader piece is going out to law reviews soon -- any and all feedback is welcome!

#spyware #cybersecurity #surveillance #encryption #goingdark #internationallaw #nationalsecurity #foreignpolicy #privacy #intelligence #espionage

The CSAS model responds to these limitations by proposing a multistakeholder forum with a set of binding controls, enforced through governmental licensing and contracting, that could mitigate the harms produced by these technologies. The control spans the five stages of the spyware lifecycle: (1) development and investment; (2) marketing and sale; (3) client management; (4) spyware diplomacy; and (5) client and product/service termination.

As an alternative to these flawed approaches, this paper makes the case for an international system to standardize the commercial spyware industry, which I call the “Commercial Spyware Accreditation System” (CSAS). The paper first explains the limits of existing domestic and international regulation—including international export control law, international human rights law, and corporate social responsibility—in constraining the negative externalities of the commercial spyware trade.

Policy makers both in the United States and across the Atlantic are engaging in an ongoing dialogue to develop new international instruments that effectively respond to threat of spyware. This paper aims to provide these regulators with a set of innovative tools that have not been considered before in the literature.

UN human rights special rapporteurs, civil society orgs, & members of the European Parliament have recently called for an immediate and global moratorium on the sale, transfer, and use of spyware technologies. The paper argues that such calls are not only impractical, but they are also hypocritical & pose a danger to public safety and the future integrity of our telecommunication technologies. Ad hoc litigation & ex post blacklisting are similarly inapt in generating sufficient deterrence.

There is a vast and growing network of private companies selling spyware—tools and services that provide their clients with unprecedented access to smartphones, laptops, and other internet-connected devices. Investigative reporting and work by civil society have now repeatedly confirmed the systematic abuses of these technologies by government actors to target human rights activists, journalists, and dissidents around the world.

🚨 New Paper Alert 🚨

Just posted "Selling Surveillance" on SSRN (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4323985).

A shorter policy-oriented whitepaper version of this piece is scheduled for publication with
@lawfare next month thanks to support of the incomparable @arozenshtein.

As this broader piece is going out to law reviews soon -- any and all feedback is welcome!

#spyware #cybersecurity #surveillance #encryption #goingdark #internationallaw #nationalsecurity #foreignpolicy #privacy #intelligence #espionage

Had a blast at the #AALS annual meeting, my first in-person. Sat on three panels discussing such topics as #cyber #legal #pedagogy, internet regulation in wartime and #internationallaw & #digital #rights as a #nationalsecurity issue. More importantly got to see many good friends & made a ton of new ones!

#fedilaw #lawfedi #lawtwitter #academic #lawprof #lawprofs

@iainnash @arozenshtein @riana

I’m not sure if this is what you had in mind, but we saw some of this play out in the context of cyber insurance coverage for social engineering and business email compromising attacks.

Look at this summary of an August 2022 district court of Minnesota decision as an example and tell me if I’m in the vicinity of what you were imagining: https://www.theregister.com/AMP/2022/08/16/social_engineering_cyber_crime_insurance/

Look what arrived in the mail today!

Happy to have contributed to this timely @VandyJTL@twitter.com symposium, especially given the wonderful company: @AnupamChander@twitter.com @DuncanHollis@twitter.com @tdesouzadias@twitter.com Tsvetelina & Fatemah!

Access the full issue here: https://www.transnat.org/current

@YaleISP

Yay!! Welcome Yale ISP to #mastadon

#fedilaw #lawprofs #lawprof #lawfedi #lawtwitter #academic #AcademicTwitter

Welcome to the Mastodon account of the Information Society Project at Yale Law School. We’ll use this space to share news, upcoming events and opportunities and highlight our brilliant fellows’ work!

@nickbednar congratulations and welcome to the legal academy. If you need any help with teaching torts — class notes, slides, class exercises, prior exams, midterms, and handouts don’t hesitate to ask!

I'm organizing a conference at Harvard on the ethics of technology! We're looking for research or teaching presentations on #AIethics, #ResponsibleComputing, #Philosophy of technology, and other areas.

The conference will also launch a new consortium of teacher-scholars at Harvard, MIT, and Northeastern. Registration information will be available in the new year.

Here's the call for submissions: https://philevents.org/event/show/105273

Boosts and shares appreciated!

@philosophy @facct

Another shooting at another queer venue. Make no mistake … we are targets. https://www.nytimes.com/live/2022/11/20/us/colorado-springs-shooting?smid=nytcore-ios-share&referringSource=articleShare

#Introduction I am a #Law Professor at the University of Colorado. My academic research focuses on Artificial Intelligence and Law (#AI), Computable Contracts, and Technology and Law generally.

Prior to law, I was a professional software engineer for 6 years at Cisco and Bloomberg L.P.

I am currently a Visiting Scholar at #Stanford University and also affiliated faculty at the Stanford CodeX center.

My published research is here:

https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=709715

Really proud of the #SovereignIdentityCrisis symposium yesterday at Temple

Read more about it here: https://law.temple.edu/ilit/sovereign-identity-crisis-state-self-and-collective-in-a-digital-age-november-17-2022/

Live coverage @TempleiLIT

Speakers on here:
@AsafLubin
@nanjala
@juanof9
@sanstis
...and so many more

Videos coming soon to law.temple.edu/ilit

@nanjala @sanstis @juanof9

Truly a stellar conference. One of the highlights of my fall term. Thanks for convening and organizing @lmbing, Temple Law, and Temple iLIT!

Pictured is the Berkman Klein Center @harvard delegation!

#sovereignty #technology #cyber #law #lawprof #lawprofs #digital #fedilaw #lawfedi

@hoffprof

as a junior faculty who has never got to experience a single AALS annual meeting in person since taking my TT job I’m truly psyched to attend this year!

And yes San Diego and all that too…

My home (Bloomington, IN)
——vs——
My conference venue (Miami, FL)

#academiclife #academictwitter #lawprofs #lawprof #fedilaw #lawfedi #asilmym