CLIP Faculty Workshops
CLIP initiated the Law and Information Society Faculty Workshop series in 2007 to provide a unique forum where faculty can receive input on their current work from the leading experts in the field. The format is distinctive because CLIP brings a small number of information law scholars from across the country together with the Fordham information law faculty and experts from other New York area schools to an informal, high-level discussion of the work-in-progress. The series seeks to explore major issues related to the role of law and technological developments in society.
Upcoming Faculty Workshops
There are no upcoming CLIP faculty workshops.
Past Faculty Workshops
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Privacy as Privilege: The Stored Communications Act and Internet Evidence
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Algorithms and Regulation
Guest Scholar
Céline Castets-Renard
Université Toulouse CapitoleParticipants
Marie-Apolline Barbara
Visiting Research Scholar
Cornell TechIra Bloom
Professor of Political Science
Lehman College of CUNYErin Carroll
Associate Professor of Legal Research and Writing
Georgetown LawTithi Chattopadhyay, Ph.D.
Associate Director
Center for Information Technology Policy
Princeton UniversityIgnacio Cofone
J.S.D. candidate, Yale Law School
Research Fellow, NYU Information Law InstituteAndrea Flink
Privacy Fellow, Fordham Center on Law and Information Policy (CLIP)Roger Allan Ford
Associate Professor of Law and Franklin Pierce Faculty Fellow
University of New Hampshire School of LawFrank Pasquale
Professor of Law
University of Maryland
Francis King Carey School of LawN. Cameron Russell
Executive Director, CLIP
Fordham Law School -
The Big Data Constitution: Constitutional Reform in the Cybersurveillance State
Guest Scholar
Margaret Hu
Associate Professor of Law
Washington and Lee University School of LawParticipants
Jack Balkin
Knight Professor of Constitutional Law and the First Amendment
Yale Law SchoolCéline Castets-Renard
Fulbright Visiting Professor, Fordham University, New York (2017-18)
Professeur de droit privé (Propriété Intellectuelle et Numérique), Université Toulouse CapitoleCraig Konnoth
Associate Professor of Law
Colorado LawRachel Levinson-Waldman
Senior Counsel, Liberty and National Security Program
Brennan Center for Justice at NYU Law SchoolDavid Lyon
Director, Surveillance Studies Centre
Professor of Sociology / Professor of Law
Queen’s University (Canada)Idalys Nunez
Dean’s Fellow, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolLauren Scholz
Assistant Professor
Florida State University
College of LawOlivier Sylvain
Professor of Law
Fordham Law School -
Certiorari, Universality, and a Patent Puzzle
Guest Scholar
Tejas Narechania
Assistant Professor of Law
University of California, Berkeley, School of LawParticipants
Steven M. Bellovin
Professor
Computer Science Department
Columbia UniversityRebecca Eisenberg
Robert and Barbara Luciano Professor of Law
Michigan LawJohn Golden
Loomer Family Professor in Law
Texas LawPaul Gugliuzza
Associate Professor of Law
Boston University School of LawIdalys Nunez
Dean’s Fellow, CLIP
Fordham Law SchoolJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolDr. Shlomit Yanisky-Ravid
The Shalom Comparative Legal Research Center, OAC, Israel -
Media Litigation in a Post-Gawker World
Guest Scholar
Mary-Rose Papandrea
Professor of Law and Associate Dean for Academic Affairs
UNC School of Law
Participants
Danielle Keats Citron
Morton & Sophia Macht Professor of Law
University of Maryland Carey School of LawJeremy Feigelson
Partner
Debevoise & Plimpton LLPGeorge Freeman
Executive Director
Media Law Resource CenterAmy Gajda
The Class of 1937 Professor of Law
Tulane University Law SchoolAbner Greene
Leonard F. Manning Professor of Law
Fordham Law SchoolSean J. Griffith
T.J. Maloney Chair and Professor of Law
Director, Corporate Law Center
Fordham Law SchoolJeff Hermes
Media Law Resource CenterJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law School -
Entrepreneurial Administration
Guest Scholar
Philip Weiser
Hatfield Professor of Law and Telecommunications, Dean Emeritus, and Executive Director of the Silicon Flatirons Center for Law, Technology, and Entrepreneurship
Colorado Law
Participants
Ira Bloom
Professor of Political Science
Lehman College of CUNYStacey Dogan
Professor of Law
Boston University School of LawJonathan Frankle
Fellow, Georgetown Law, Center on Privacy and Technology
Adjunct Professor of LawElizabeth Martin
Dean’s Fellow, CLIP
Fordham Law SchoolRon Lazebnik
Clinical Associate Professor of Law
Fordham Law SchoolPaul Ohm
Professor of Law
Georgetown University Law CenterGideon Parchomovsky
Professor of Law
Bar Ilan UniversityJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolOlivier Sylvain
Professor of Law
Fordham Law School -
Privacy and the Right to Record
Guest Scholar
Margot Kaminski
Assistant Professor
The Ohio State University Moritz College of LawParticipants
Jane Bambauer
Associate Professor of Law
University of Arizona College of LawSteven M. Bellovin
Professor, Computer Science
Columbia UniversityAsh Bhagwat
Professor of Law
UC Davis School of LawIra Bloom
Professor of Political Science
Lehman College of CUNYAlan Chen
Professor of Law
University of Denver College of LawSeth Kreimer
Professor of Law
University of Pennsylvania LawThomas Norton
Privacy Fellow, CLIP
Fordham Law SchoolJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolFelix Wu
Professor of Law
Faculty Director, Cardozo Data Law Initiative
Co-Director, IP & Information Law Program
Benjamin N. Cardozo School of LawElana Zeide
Fellow, Information Law Institute
New York University -
Privacy’s Blueprint: The Battle to Control the Design of New Technologies
Guest Scholar
Woodrow Hartzog
Samford University Cumberland School of LawParticipants
Michael Birnhack
Professor of Law
Tel Aviv UniversityIra Bloom
Professor of Political Science
Lehman College of CUNYRyan Calo
Assistant Professor of Law
University of Washington School of LawBryan H. Choi
Visiting Associate Professor of Law
New York Law SchoolJonathan Frankle
Fellow, Georgetown Law, Center on Privacy and Technology
Adjunct Professor of LawVictoria Geronimo
Dean’s Fellow, CLIP
Fordham Law SchoolGus Hurwitz
Assistant Professor of Law
Nebraska College of LawMeg Leta Jones
Assistant Professor
Communication, Culture & Technology Department
Georgetown UniversityMargot Kaminski
Assistant Professor
The Ohio State University Moritz College of LawIan Kerr
Associate Professor, Department of Philosophy - Associate Professor, Faculty of Law, Common Law Section
University of OttawaKate Klonick
Resident Fellow
Information Society Project
Yale Law SchoolKaren Levy
Postdoctoral Fellow
Information Law Institute
New York University School of LawEmily McReynolds
Associate Director
Tech Policy Lab
University of WashingtonThomas Norton
Privacy Fellow, CLIP
Fordham Law SchoolJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolOlivier Sylvain
Associate Professor of Law
Fordham Law SchoolAri Waldman
Associate Professor of Law
Director, Innovation Center for Law and Technology
New York Law SchoolFelix Wu
Professor of Law
Faculty Director, Cardozo Data Law Initiative
Co-Director, IP & Information Law Program
Benjamin N. Cardozo School of Law -
[ESC]ape
Guest Scholar
Joshua Fairfield
Professor of Law
Washington and Lee University School of LawParticipants
Ira Bloom
Professor of Political Science
Lehman College of CUNYEdward Castronova
Associate Professor
The Media School
Indiana UniversityVictoria Geronimo
Dean’s Fellow, CLIP
Fordham Law School
Barry Hawk
Former Director
Fordham Competition Law InstituteMichael Madison
Faculty Director, Innovation Practice Institute
Professor of Law
University of Pittsburgh School of LawThomas Norton
Privacy Fellow, CLIP
Fordham Law School
Mark Patterson
Professor of Law
Fordham Law SchoolJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolOlivier Sylvain
Associate Professor of Law
Fordham Law School -
What If Everything Reveals Everything?
Guest Scholar
Scott Peppet, Professor of Law, University of Colorado Law SchoolParticipants
Ira Bloom
Professor of Political Science
Lehman College of CUNYNestor Davidson
Associate Dean for Academic Affairs
Fordham Law SchoolMary Anne Franks
Associate Professor of Law
University of Miami School of LawRon Lazebnik
Clinical Associate Professor of Law
Fordham Law SchoolIrina D. Manta
Associate Professor of Law
Hofstra LawThomas Norton
Privacy Fellow, CLIP
Fordham Law SchoolJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolOlivier Sylvain
Associate Professor of Law
Fordham Law SchoolDavid Thaw
Assistant Professor of Law & Information Sciences
University of PittsburghKatherine J. Strandburg
Alfred B. Engelberg Professor of Law
New York University School of LawOmer Tene
Vice President of Research and Education
International Association of Privacy ProfessionalsElana Zeide
Research Fellow
Information Law Institute
New York UniversitySebastian Zimmeck
Department of Computer Science
Columbia University -
The Biopolitical Public Domain
Guest Scholar
Julie Cohen, Professor of Law, Georgetown University Law CenterParticipants
Ira Bloom
Professor of Political Science
Lehman College of CUNYBrett Frischmann
Director, Cardozo Intellectual Property & Information Law Program
Professor of LawSeda Gurses
Research Fellow
Information Law
Institute New York UniversityAmy Kapczynski
Professor of Law
Yale Law SchoolThomas Norton
Privacy Fellow, CLIP
Fordham Law SchoolJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolDaniel Toby Schiller PhD
Professor Emeritus of Communication
University of IllinoisOlivier Sylvain
Associate Professor of Law
Fordham Law SchoolMadhavi Sunder
Professor of Law
UC-Davis School of LawElana Zeide
Research Fellow
Information Law Institute
New York University -
Regulating Mass Surveillance: Learning from Environmental Impact Notices
Guest Scholar
Michael Froomkin, Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of LawParticipants
Ann Bartow
Professor of Law
Pace Law SchoolSteven M. Bellovin
Professor
Computer Science Department
Columbia UniversityGaia Bernstein
Professor of Law
Seton Hall University School of LawIra Bloom
Professor of Political Science
Lehman College of CUNYWilliam W. Buzbee
Professor of Law
Director, Emory Environmental and Natural Resources Law Program
Director, Emory Center on Federalism & Intersystemic Governance
Emory Law SchoolBryan H. Choi
Visiting Associate Professor of Law
New York Law SchoolSteve C. Gold
Professor of Law & Judge Dearie Scholar
Rutgers School of Law-NewarkRon Lazebnik
Clinical Associate Professor of Law
Fordham Law SchoolIrina D. Manta
Associate Professor of Law
Hofstra LawFrank Pasquale
Professor of Law
University of Maryland Carey School of LawJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolOlivier Sylvain
Associate Professor of Law
Fordham Law SchoolFelix Wu
Associate Professor
Cardozo School of LawElana Zeide
Research Fellow
Information Law Institute
New York University -
The Case for Robot Exceptionalism
Guest Scholar
Ryan Calo
Assistant Professor of Law
University of Washington School of LawParticipants
Daniela Alvarado
Dean’s Fellow, CLIP
Fordham Law SchoolMeg Leta Ambrose
Assistant Professor
Communication, Culture & Technology
Georgetown UniversityKenneth Anderson
Professor of Law
Washington College of Law
American UniversityAxel Arnbak
CITP - Princeton UniversitySteven M. Bellovin
Professor
Computer Science Department
Columbia UniversityKate Darling
IP Research Specialist
MIT Media LabJesse Fox
Assistant Professor
School of Communication
The Ohio State UniversityWoodrow N. Hartzog
Assistant Professor of Law
Cumberland School of LawMargot Kaminski
Executive Director, Information Society Project
Yale Law SchoolSonia Katyal
Associate Dean for Research
Professor of Law
Fordham Law SchoolEthan J. Leib
Professor of Law
Fordham Law SchoolIrina D. Manta
Associate Professor of Law
Hofstra LawAlice E. Marwick
Professor
Communications Department
Fordham UniversityDavid G. Post
Professor of Law
Temple University Beasley School of LawJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolN. Cameron Russell
Executive Director, CLIP
Fordham Law SchoolJeremy Sheff
Associate Professor of Law
St. John’s University School of LawOlivier Sylvain
Associate Professor of Law
Fordham Law SchoolJoris van Hoboken
NYU Privacy FellowMatthew Waxman
Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security
Columbia Law SchoolDr. Shlomit Yanisky-Ravid
The Shalom Comparative Legal Research Center, OAC, IsraelElana Zeide
NYU Privacy Fellow -
Intellectual Privacy
Guest Scholar
Neil Richards
Professor of Law
Washington University School of LawParticipants
Fabio Arcila, Jr.
Associate Dean for Research & Scholarship Professor of Law
Touro Law CenterVincent Blasi
Corliss Lamont Professor of Civil Liberties
Columbia Law SchoolMegan Bright
Dean’s Fellow, CLIP
Fordham Law SchoolBryan Choi
Postdoctoral Associate in Law & Director of the Law and Media Program, ISP
Yale Law SchoolJamela Debelak
Executive Director, CLIP
Fordham Law SchoolLauren Gelman
Principal & Founder
Blurry Edge StrategiesWoodrow N. Hartzog
Assistant Professor of Law
Cumberland School of LawKirsty Hughes
Turpin-Lipstein Lecturer in Law
Fellow of Clare College
University of CambridgeJordan Kovnot
Privacy Fellow, CLIP
Fordham Law SchoolIrina D. Manta
Associate Professor of Law
Hofstra LawJoel R. Reidenberg
Professor of Law
Stanley D. & Nikki Waxberg
Academic Director, CLIP
Fordham Law SchoolOlivier Sylvain
Associate Professor of Law
Fordham Law SchoolFelix Wu
Associate Professor of Law
Cardozo Law SchoolDr. Shlomit Yanisky-Ravid
Visiting Int’l Professor, Fordham Law
The Shalom Comparative Legal Research Center, OAC, Israel -
An Empirical Study of Federal False Advertising Cases
Guest Scholar
Mark P. McKenna
Professor of Law & Notre Dame Presidential Fellow
Notre Dame Law SchoolParticipants
Ann Bartow
Professor of Law
Pace Law SchoolIra Bloom
Professor of Political Science
Lehman College of CUNYMegan Bright
Dean’s Fellow, CLIP
Fordham Law SchoolJamela Debelak
Executive Director, CLIP
Fordham Law SchoolJeanne Fromer
Professor of Law
New York University School of LawDeborah R. Gerhardt
Assistant Professor of Law
UNC School of LawEric Goldman
Professor of Law
Director, High Tech Law Institute
Santa Clara University School of LawEllen P. Goodman
Professor of Law
Rutgers School of Law, CamdenSonia Katyal
Professor of Law
Fordham Law SchoolJordan Kovnot
Privacy Fellow, CLIP
Fordham Law SchoolIrina D. Manta
Associate Professor of Law
Hofstra LawJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolZahr Said
Assistant Professor of Law
University of Washington School of LawJeremy Sheff
Associate Professor of Law
St. John’s University School of LawKathy Strandburg
Professor of Law
New York University School of Law -
Civilian Cybersecurity Policy for an Age of Globalization
Guest Scholar
Susan Landau
Visiting Scholar, Harvard UniversityParticipants
Fabio Arcila
Professor of Law
Touro LawSteve Bellovin
Professor of Computer Science
Columbia UniversityAnnie Blandin
Jean Monnet European Chair
Telecomm Brest, FranceIra Bloom
Professor of Political Science
Lehman College of CUNYJamela Debelak
Executive Director, CLIP
Fordham Law SchoolBarry Hawk
Director, Competition Law Institute
Fordham Law SchoolAndrew Kent
Associate Professor
Fordham Law SchoolJordan Kovnot
Dean’s Fellow, CLIP
Fordham Law SchoolHerb Lin
Chief Scientist, Computer Science and Telecommunications Board
National AcademiesJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolAditya Saharia
Associate Professor, Information & Communication Systems
Fordham UniversityItai Sneh
Professor of Legal History
John Jay College -
The Uneasy Case Against Copyright Trolls
Guest Scholar
Shyam Balganesh
Assistant Professor of Law
University of Pennsylvania Law SchoolParticipants
Barton Beebe
Professor of Law
New York University School of LawOren Bracha
Howrey LLP and Arnold, White & Durkee Centennial Professor
University of Texas at Austin School of LawIra Bloom
Professor of Political Science
Lehman College of CUNYThomas F. Cotter
Briggs & Norman Professor of Law
University of Minnesota Law SchoolJamela Debelak
Executive Director, CLIP
Fordham Law SchoolRochelle Dreyfuss
Pauline Newman Professor of Law
New York University School of LawJordan Kovnot
Dean’s Fellow, CLIP
Fordham Law SchoolRon Lazebnik
Clinical Associate Professor
Samuelson-Glushko IP/IL Clinic
Fordham Law SchoolIrina Manta
Visiting Professor, Brooklyn Law School
Assistant Professor, Case Western University School of LawChristopher Newman
Assistant Professor of Law
George Mason University School of LawMarcus Oermann
Doctoral Candidate
New York UniversityDotan Oliar
Professor of Law
University of Virginia School of LawJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolKatherine Strandburg
Professor of Law
New York University School of LawEva E. Subotnik
Assistant Professor of Law
St. John’s University School of Law -
Cyberlaw 2.0 - Revisiting the Law of the Horse
Guest Scholar
Jacqueline D. Lipton
Professor of Law
Case Western Reserve University School of LawParticipants
Derek Bambauer
Associate Professor of Law
Brooklyn Law SchoolSteve Bellovin
Professor of Computer Science
Columbia UniversityGaia Bernstein
Professor of Law
Seton Hall School of LawIra Bloom
Professor of Political Science
Lehman College of CUNYMargaret Chon
Senior Emile Noel Fellow, NYU Law School
Professor of Law, Seattle University School of LawJamela Debelak
Executive Director, CLIP
Fordham Law SchoolLeah Chan Grinvald
Assistant Professor of Law
Saint Louis University School of LawJordan Kovnot
Dean’s Fellow, CLIP
Fordham Law SchoolEdward Lee
Professor of Law
Chicago-Kent College of LawJessica Litman
John F. Nickoll Professor of Law
University of Michigan Law SchoolIrina Manta
Visiting Professor, Brooklyn Law School
Assistant Professor, Case Western University School of LawDavid G. Post
Professor of Law
Temple University Beasley School of LawJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolSusan Scafidi
Visiting Professor of Law
Fordham Law SchoolOlivier Sylvain
Associate Professor of Law
Fordham Law SchoolJane Yakowitz
Visiting Assistant Professor of Law
Brooklyn Law School -
An Engineering Perspective on Protocol Layering
Guest Scholar
Christopher Yoo
Professor of Law
University of Pennsylvania Law SchoolAbstract
The layered architecture of the Internet is often lauded as an important source of innovation. A review of both the engineering and management literature reveals that the relationship between protocol layering and innovation is more complex than this simple perspective suggests. As an initial matter, the existing architecture is only one of many possible protocol stacks. Indeed, many thought it would simply be a transitional step toward a different stack with different and greater functionality. Moreover, layering channels technology in a particular direction, facilitating innovations that are consistent with the existing design hierarchy while impeding innovations that require a different architecture. Indeed, the engineering literature is replete with articles recognizing that the Internet is not well designed to support many features that end users now demand, such as security, mobility, multicasting, and multihoming. As a result, the National Science Foundation and the European Commission are sponsoring “clean slate” research designed to help the network overcome the obstacles that are locking it into place.Interestingly, the fact that network providers and content/application providers offer complementary services necessarily means that the relationship between them possesses both cooperative and noncooperative elements. On the one hand, they have the incentive to cooperate to jointly maximize surplus. On the other hand, they simultaneously have the noncooperative incentive to claim the largest proportion of that surplus possible. The literature on New Institutional Economics suggest that parties in such an industry will attempt to manage this process by entering into strategic partnerships that can be quite complex. In addition, they may compete by trying to invade each other’s territory, as exemplified by the growing rivalry between Apple and Google. Rather than use regulation to lock the current layered stack into place, the engineering literature instead suggests that policymakers should “design for tussle” in ways that allows the network architecture to continue to develop and evolve.
Participants
Barton Beebe
Professor of Law
New York University School of LawSteve Bellovin
Professor of Computer Science
Columbia UniversityDan Cohen
Dean’s Fellow
Fordham Law SchoolJamela Debelak
Executive Director, CLIP
Fordham Law SchoolThomas Nachbar
Professor of Law
University of Virginia School of LawJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolIra Rubenstein
Research Fellow
New York University School of LawAdina Schwartz
Professor
John Jay College of Criminal JusticeLawrence Solum
John E. Cribbet Professor of Law
University of Illinois College of LawOlivier Sylvain
Associate Professor of Law
Fordham Law SchoolFelix Wu
Assistant Professor of Law
Cardozo School of Law -
Telecommunications Privacy Law in the US and Germany
Guest Scholar
Paul Schwartz
Professor of Law
University of California, Berkeley School of LawAbstract
Did everything change on 9/11? In this presentation, Professor Schwartz will discuss selected topics concerning the comparative regulation of telecommunications surveillance in German and U.S. law. He will discuss important recent German constitutional law opinions, including decisions that identify a new right to the integrity and security of computers and that places limits on the storage by companies of telecommunications information. Important legislation in Germany has also altered the previous organization of the intelligence services in Germany and given greater power to the Federal Criminal Police Office (the/Bundeskriminalamt). Important points of comparisons on the U.S.-side will be discussed.Participants
Fabio Arcila
Associate Professor of Law
Touro Law CenterFrancesca Bignami
Professor of Law
George Washington University Law SchoolIra Bloom
Professor of Political Science
Lehman College of CUNYDan Cohen
Dean’s Fellow
Fordham Law SchoolJamela Debelak
Executive Director, CLIP
Fordham Law SchoolJeanne C. Fromer
Associate Professor of Law
Fordham Law SchoolOrin S. Kerr
Professor of Law
George Washington University Law SchoolSonia Katyal
Professor of Law
Fordham Law SchoolJon D. Michaels
Acting Professor of Law
UCLA Law SchoolJoel R. Reidenberg
Stanley D. & Nikki Waxberg Professor of Law
Academic Director, CLIP
Fordham Law SchoolJacqueline E. Ross
Professor of Law
University of Illinois College of LawOlivier Sylvain
Associate Professor of Law
Fordham Law School -
The Surprising Failure of Data Anonymization
Guest Scholar
Paul Ohm
Associate Professor of Law
University of Colorado Law SchoolParticipants
Derek Bambauer
Assistant Professor of Law
Brooklyn Law SchoolIra Bloom
Professor of Political Science
Lehman College of CUNYRamon Caceres
Researcher
AT&TJamela Debelak
Executive Director, CLIP
Fordham Law SchoolJames Grimmelmann
Associate Professor
New York Law SchoolNancy Kim
Associate Professor of Law
California Western School of LawBill McGeveran
Associate Professor
University of Minnesota Law SchoolDeven McGraw
Director, Health Privacy Project
Center for Democracy & TechnologyPablo Palazzi
Visiting Professor
Fordham Law SchoolJoel R. Reidenberg
Professor of Law
Academic Director, CLIP
Fordham Law SchoolRebecca Wright
Associate Professor, Computer Science
Deputy Director, DIMACS Center
Rutgers UniversityFelix Wu
Assistant Professor of Law
Cardozo School of LawMichael Zimmer
Assistant Professor, Information Studies
University of Wisconsin - Milwaukee -
iP: YouTube, MySpace, Our Culture
Guest Scholar
Madhavi Sunder
Professor of Law
University of California, Davis School of LawParticipants
Shyamkrishna Balganesh
Assistant Professor of Law
University of Pennsylvania Law SchoolIra Bloom
Professor of Political Science
Lehman College of CUNYJulie E. Cohen
Professor of Law
Georgetown University Law CenterJamela Debelak
Executive Director, CLIP
Fordham Law SchoolDeven Desai
Visiting Fellow, Princeton, CITP
Associate Professor of Law
Thomas Jefferson School of LawSonia Katyal
Associate Professor of Law
Fordham Law SchoolJohn Palfrey
Professor of Law
Harvard Law SchoolJoel R. Reidenberg
Professor of Law
Academic Director of CLIP
Fordham UniversityThane Rosenbaum
Lecturer in Law
Director, Forum on Law, Culture and Society
Fordham Law School -
Applying the Fourth Amendment to the Internet
Guest Scholar
Orin Kerr
Professor of Law
George Washington University Law SchoolAbstract
This article offers a general framework for applying the Fourth Amendment to the Internet. It assumes that courts will seek a technology-neutral translation of Fourth Amendment principles from physical space to cyberspace, and it considers what new distinctions in the online setting can reflect the function of Fourth Amendment protections designed for the physical world. It reaches two major conclusions. First, the traditional physical distinction between inside and outside should be replaced with the online distinction between content and non-content information. Second, courts should require a search warrant that is particularized to individuals rather than Internet accounts to collect the contents of protected Internet communications. These two principles point the way to a technology-neutral translation of the Fourth Amendment from physical space to cyberspace.Participants
Fabio Arcila
Associate Professor of Law
Touro Law CenterKevin Bankston
Senior Staff Attorney
Electronic Frontier FoundationVera Bergelson
Professor of Law
Rutgers School of LawIra Bloom
Professor of Political Science
Lehman College of CUNYJamela Debelak
Executive Director, CLIP
Fordham Law SchoolDeven Desai
Visiting Fellow, Princeton, CITP
Associate Professor of Law
Thomas Jefferson School of LawJames Grimmelmann
Associate Professor
New York Law SchoolSonia Katyal
Associate Professor of Law
Fordham Law SchoolAndrew Kent
Associate Professor of Law
Fordham Law SchoolHerb Lin
Chief Scientist, Computer Science and Telecommunications Board
National AcademiesJoel R. Reidenberg
Professor of Law
Academic Director, CLIP
Fordham Law SchoolSandra Sherman
Assistant Director, IP Institute
Fordham Law SchoolOlivier Sylvain
Visiting Assistant Professor
Fordham Law SchoolGeorge Thomas
Visiting Professor, Fordham Law School
Professor, Rutgers School of LawFelix Wu
Assistant Professor of Law
Cardozo School of Law -
Cyber Civil Rights
Guest Scholar
Danielle Keats Citron
Professor of Law
University of Maryland School of LawAbstract
Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital “scarlet letters” that ruin reputations.Today’s cyber attack groups update a history of anonymous mobs coming together to victimize and subjugate vulnerable people. The social science literature identifies conditions that magnify dangerous group behavior and those that tend to defuse it. Unfortunately, Web 2.0 technologies accelerate mob behavior. With little reason to expect self-correction of this intimidation of vulnerable individuals, the law must respond.
General criminal statutes and tort law proscribe much of the mobs’ destructive behavior, but the harm ty inflict also ought to be understood and addressed as civil rights violations. Civil rights suits reach the societal harm that would otherwise go unaddressed and would play a crucial expressive role. Acting against these attacks does not offend First Amendment principles when they consist of defamation, true threats, intentional infliction of emotional distress, technological sabotage, and bias-motivated abuse aimed to interfere with a victim’s employment opportunities. To the contrary, it helps preserve vibrant online dialogue and promote a culture of political, social, and economic equality.
Participants
Steve Bellovin
Professor of Computer Science
Columbia UniversityIra Bloom
Professor of Political Science
Lehman College of CUNYJamela Debelak
CLIP Leitner Fellow
Fordham Law SchoolJeanne Fromer
Associate Professor
Fordham Law SchoolWendy Gordon
Visiting Professor, Fordham
Professor of Law, Boston University Law SchoolJames Grimmelmann
Associate Professor
New York Law SchoolRobert Kaczorowski
Professor of Law
Fordham Law SchoolMaria Marcus
McLaughlin Professor of Law
Fordham Law SchoolMarie McGonagle
Senior Lecturer in Law
National University of Ireland, GalwayWillajeanne McLean
Visiting Professor, Fordham
Professor of Law, University of Connecticut School of LawHelen Norton
Associate Professor of Law
University of Colorado Law SchoolFrank Pasquale
Professor of Law
Seton Hall Law SchoolJoel R. Reidenberg
Associate Chief Academic Officer & Associate Vice President for Academic AffairsProfessor of Law & Director of CLIP
Fordham UniversityDaniel J. Solove
Associate Professor of Law
George Washington University Law SchoolKathy Strandburg
Associate Professor
DePaul Law School -
Rethinking Free Speech Liability
Guest Scholars
Daniel J. Solove
Professor of Law
George Washington University Law SchoolNeil M. Richards
Professor of Law
Washington University School of LawAbstract
One of the most important and unresolved riddles of First Amendment jurisprudence involves when civil liability for speech will trigger First Amendment protections. Since the landmark case of New York Times v. Sullivan, the First Amendment applies to tort liability for various forms of speech, including defamation, intentional infliction of emotional distress, and invasion of privacy. Hardly anybody contests this rule as a normative matter. In other contexts, however, the First Amendment is almost totally inapplicable to liability for speech. For example, since Cohen v. Cowles, there is no First Amendment liability for speech restricted by generally applicable rules such as promissory estoppel and contract. These two strands of First Amendment jurisprudence have existed for decades without question. But when examined more closely, these two strands are in severe conflict with each other. The law imposes numerous duties of confidentiality. Professionals such as doctors, lawyers, and bankers have duties to maintain the confidentiality of their patients' or clients' information. Employees frequently agree to keep their company's data confidential. Various statutes require that the holders of personal information maintain confidentiality. People routinely make agreements not to disclose another's personal information. Does the First Amendment apply to these duties of confidentiality? Should it? The law currently supplies two directly opposite conclusions. In this article, Daniel J. Solove and Neil M. Richards contend that the existing doctrine and theories are inadequate to resolve the difficult free speech-confidentiality riddle. They propose a way to answer this intractable conundrum.Participants
Ed Baker
Professor of Law and Communications
University of PennsylvaniaJack Balkin
Professor of Law
Director, Information Society Project
Yale Law SchoolVincent Blasi
Professor of Civil Liberties
Columbia Law SchoolIra Bloom
Professor
Lehman College of CUNYJamela Debelak
CLIP Leitner Fellow
Fordham Law SchoolAbner Greene
Professor of Law
Fordham Law SchoolSonia Katyal
Associate Professor of Law
Fordham Law SchoolJason Mazzone
Associate Professor of Law
Brooklyn Law SchoolPhil Napoli
Associate Professor of Communications
Director, McGannon Communications Center
Fordham UniversityMark Patterson
Professor of Law
Fordham Law SchoolJoel R. Reidenberg
Associate Chief Academic Officer & Associate Vice President for Academic Affairs
Professor of Law & Director of CLIP
Fordham UniversitySusan Scafidi
Visiting Professor of Law
Fordham Law SchoolKathy Strandburg
Visiting Professor, Fordham Law School
Associate Professor, DePaul Law SchoolTim Zick
Professor of Law
William & Mary Law School -
Reputation Nation
Guest Scholar
Lior Strahilevitz
Professor of Law
The University of Chicago Law SchoolParticipants
Alessandro Acquisiti
Assistant Professor of IT & Public Policy
Carnegie Mellon UniversityJamela Debelak
CLIP Leitner Fellow
Fordham Law SchoolJeanne Fromer
Associate Professor
Fordham Law SchoolMichael Froomkin
Professor of Law
University of Miami School of LawSonia Katyal
Professor of Law
Fordham Law SchoolGregg Macey
Visiting Assistant Professor
Fordham Law SchoolPaul Ohm
Associate Professor of Law
University of Colorado Law SchoolFrank Pasquale
Professor of Law
Seton Hall Law SchoolJoel R. Reidenberg
Associate Chief Academic Officer & Associate Vice President for Academic Affairs
Professor of Law & Director of CLIP
Fordham UniversitySandra Sherman
Associate Director, Intellectual Property Institute
Fordham Law SchoolOlivier Sylvain
Visiting Assistant Professor
Fordham Law SchoolKathy Strandberg
Visiting Professor, Fordham Law School
Associate Professor, DePaul Law SchoolDiane Zimmerman
Professor of Law
NYU School of Law -
Law and Virtual Worlds
Guest Scholar
Greg Lastowka
Associate Professor of Law
Rutgers School of LawParticipants
Ira Bloom
Professor of Political Science
Lehman College of CUNYTim Burke
Professor of History
Swarthmore CollegeMia Consalvo
Associate Professor, Telecommunications
Ohio UniversityJamela Debelak
CLIP Leitner Fellow
Fordham Law SchoolJeanne Fromer
Associate Professor
Fordham Law SchoolSara Grimes
PhD Candidate, Communications
Simon Fraser UniversityGeraldine Guiziou
PhD Candidate
SorbonneSonia Katyal
Professor of Law
Fordham Law SchoolClarissa Long
Max Mendel Shay Professor of Intellectual Property
Columbia Law SchoolJoel R. Reidenberg
Professor of Law
Director of CLIP
Fordham Law SchoolSusan Scafidi
Visiting Professor of Law
Fordham Law SchoolMadeleine Schachter
Visiting Professor of Law
Fordham Law SchoolKathy Strandberg
Visiting Associate Professor, NYU School of Law
Associate Professor, DePaul Law SchoolRyan Vacca
LLM Candidate
NYU School of LawDiane Zimmerman
Professor of Law
NYU School of Law -
Developing Drugs for Developing Countries
Guest Scholar
William W. Fisher III
WilmerHale Professor of Intellectual Property Law
Director of the Berkman Center for Internet and Society
Harvard Law SchoolConvener
Joel R. Reidenberg
Professor of Law
Director of CLIP
Fordham Law SchoolParticipants
Barton Beebe
Associate Professor of Law
Cardozo School of LawAvi Bell
Visiting Professor, Fordham
Professor of Law
Bar Ilan UniversityJeanne Fromer
Associate Professor of Law, FordhamBrett Frischmann
Visiting Assoc. Professor, Fordham
Associate Professor, Loyola-ChicagoJohn Golden
Assistant Professor of Law
University of Texas-AustinHugh Hansen
Professor of Law, FordhamRobert Howe
Visiting Professor, Fordham
Arlene and Alan F. Smith Professor, MichiganAmy Kapcynzki
Assistant Professor of Law, Boalt HallSonia Katyal
Associate Professor of Law, FordhamJamie Love
Director, CP TechBeth Novak
Assistant Professor of Law, NY Law SchoolMark Patterson
Professor of Law, FordhamArt Rai
Professor of Law, Duke Law SchoolKimani Paul-Emile
Associate Professor, FordhamMarcus Reidenberg
Professor of Pharmacology, Medicine and Public Health
Cornell University Medical College
Chair, W.H.O. Expert Committee (2007)Susan Scafidi
Visiting Professor of Law, Fordham
Professor, SMUTalha Syed
JSD Candidate
Harvard Law School