Telecommunications

Online
Essay
Digital Authoritarianism
Danielle Keats Citron
Danielle Keats Citron is a Jefferson Scholars Foundation Schenck Distinguished Professor in Law, University of Virginia School of Law; Vice President, Cyber Civil Rights Initiative; 2019 MacArthur Fellow.

Special thanks to Mario Barnes, Courtney Douglas, Paul Gowder, Deborah Turkheimer, to the audience at Northwestern Law’s Julian Rosenthal Lecture, and to Miranda Coombe, Sam Hallam, Caroline Kassir, and Danielle O’Connell for superb editing. Adeleine Lee and Alex Wilfert provided excellent research assistance. The authors contributed equally to this essay.

Ari Ezra Waldman
Ari Ezra Waldman is a Professor of Law and, by courtesy, Professor of Sociology, University of California, Irvine School of Law; Member and Compliance Officer, Board of Directors, Cyber Civil Rights Initiative.

Antidemocratic forces rely on intimidation tactics to silence criticism and opposition. Today’s intimidation playbook follows a two-step pattern. We surface these tactics so their costs to public discourse and civic engagement can be fully understood. We show how the misappropriation of the concept of online abuse has parallels in other efforts at conceptual diversion that dampen democratic guarantees. Democracy’s survival requires creative solutions. Politicians and government workers must be able to operate free from intimidation. Journalists and researchers must be able to freely investigate governmental overreach and foreign malign influence campaigns that threaten the democratic process. Surfacing the two-step strategy is a critical start to combating it.

2
Essay
75.1
Reviving Telecommunications Surveillance Law
Paul M. Schwartz
Professor of Law, UC Berkeley School of Law, Director, Berkeley Center for Law and Technology

My work on this paper began while I was a Professor of Law at Brooklyn Law School, and it benefited there from the support of the Milton and Miriam Handler Foundation. It also received support from the Dean’s Research Fund at Brooklyn Law School as well as a summer research grant from Boalt Hall. Patricia Bellia, Jon Michaels, Chris Slobogin, Stephen Sugarman, and Frank Zimring offered helpful suggestions.

2
Essay
75.1
The Memory Gap in Surveillance Law
Patricia L. Bellia
Professor of Law, Notre Dame Law School

I thank A.J. Bellia, Susan Freiwald, Nicole Garnett, John Nagle, Ira Rubenstein, and Paul Schwartz for helpful comments and discussions, and research librarian Christopher O’Byrne for expert research assistance.

2
Article
76.3
From Victorian Secrets to Cyberspace Shaming
Paul M. Schwartz
Professor of Law, UC Berkeley School of Law; Director, Berkeley Center for Law and Technology

I greatly benefited from a presentation of this Review to a faculty workshop at UCLA School of Law. Many thanks to the faculty there for their helpful comments, and to Jon Michaels and the faculty colloquium committee for the invitation. Thanks as well to Viktor Mayer-Schönberger and Frank Zimring for their suggestions. In the interest of full disclosure, I wish to note that Professor Solove and I are coauthors on a casebook, Information Privacy Law (Aspen 3d ed 2009).

Online
Article
79.3
Orwell’s Armchair
Derek E. Bambauer
Associate Professor of Law, University of Arizona James E. Rogers College of Law

The author thanks Faisal Alam, Jelena Kristic, Brad Reid, Chris Vidiksis, and Eugene Weber for expert research assistance. Thanks for helpful suggestions and discussion are owed to Marvin Ammori, Miriam Baer, Katherine Barnes, Scott Boone, Annemarie Bridy, Ellen Bublick, Robin Effron, Kirsten Engel, Tom Folsom, James Grimmelmann, Rob Heverly, Dan Hunter, Margo Kaplan, Rebecca Kysar, Brian Lee, Lyrissa Lidsky, Sarah Light, Tom Lin, Gregg Macey, Irina Manta, David Marcus, Toni Massaro, Milton Mueller, Thinh Nguyen, Mark Noferi, Liam O’Melinn, Jim Park, David Post, Christopher Robertson, Simone Sepe, William Sjostrom, Roy Spece, Nic Suzor, Alan Trammell, Greg Vetter, Brent White, Mary Wong, Jane Yakowitz Bambauer, Peter Yu, Jonathan Zittrain, the participants in the IP Scholars Roundtable at Drake University School of Law, the participants in a workshop at Florida State University College of Law, and the participants in a workshop at the University of Arizona James E. Rogers College of Law. The author gratefully acknowledges the Dean’s Summer Research Stipend Program, Dean Michael Gerber, and President Joan G. Wexler at Brooklyn Law School for financial support. The author welcomes comments at derekbambauer@email.arizona.edu.