Books and Book Chapters

Book Page

New Book: The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age 
(W.W. Norton and Penguin UK, 2022) Order on Amazon

Book Page

Hate Crimes in Cyberspace
(Harvard University Press, 2014)

Why Combating Online Abuse Is Good For Free Speech
in Free Speech in the Digital Age (Susan Brison and Katharine Gelber, eds.) (Oxford University Press, 2019)

The Surveillance Implications of Combatting Cyber Harassment
in Cambridge Handbook of Surveillance Law (David Gray and Stephen Henderson, eds. 2017) (with Liz Clark Rinehart, 2017)

The Right to Sexual Privacy
Visions of Privacy in the Modern Age (Marc Rotenberg, Jeramie Scott, and Julia Horwitz, eds. New Press, 2015)

Civil Rights in the Information Age
The Offensive Internet: Speech, Privacy and Reputation (Martha Nussbaum & Saul Levmore, eds. Harvard University Press, 2010)

Articles and Essays

2022

How to Fix Section 230
Boston University Law Review (forthcoming 2023)

The Wrong Way to Regulate Platforms Enabling Illegality
Virginia Journal of Law & Technology (forthcoming 2022)

Intimate Privacy’s Protection Enables Free Speech
Journal of Free Speech Law (2022)

Privacy Harms
102 Boston University Law Review 793 (2022) (with Daniel Solove)

Presidential Privacy Violations
2022 University of Illinois Law Review 1913  (2022)

Privacy Injunctions
71 Emory Law Journal 955 (2022)

2021

Standing and Privacy Harms: A Critique of TransUnion v. Ramirez
101 Boston University Law Review Online 62 (2021) (with Daniel Solove)

The Automated Administrative State: A Crisis of Legitimacy
70 Emory Law Journal 797 (2021) (with Ryan Calo)

A New Compact for Sexual Privacy
62 William & Mary Law Review 1763 (2021)

2020

The Internet As a Speech Conversion Machine and Other Myths Confounding Section 230 Reform Efforts
University of Chicago Legal Forum 45 (2020) (with Mary Anne Franks)

Cyber Mobs, Disinformation, and Death Videos: The Internet As It Is (and As It Should Be)
118 Michigan. Law Review 1073 (2020)

2019

Sexual Privacy
128 Yale Law Journal 1870 (2019)

  • Winner of 2018 Privacy for Policymakers award

The Roots of Sexual Privacy: Warren and Brandeis & the Privacy of Intimate Life
42 Columbia Journal of Law & Arts 383 (2019)

Deep Fakes: A Looming Crisis for Privacy, Democracy, and National Security
107 California Law Review 1753 (2019) (with Robert Chesney)

  • Described as “one of the best works in Cyber Law” in Jotwell
  • Roundtable events devoted to the article at Heritage Foundation and NYU Law’s Cyber Security Program

Why Sexual Privacy Matters for Trust
96 Washington University Law Review 1189 (2019)

When Law Frees Us to Speak
87 Fordham Law Review 2317 (2019) (with Jonathon Penney)

2018

A Poor Mother’s Right to Privacy: A Review
98 Boston University Law Review 1139 (2018)

Platform Justice: Content Moderation at an Inflection Point
Hoover Institute Aegis Series (2018) (with Quinta Jurecic)

Four Principles for Digital Speech (You Won’t Believe #3!)
95 Washington University Law Review 1353 (2018) (with Neil Richards)

Extremist Speech, Compelled Conformity, and Censorship Creep
93 Notre Dame Law Review 1035 (2018)

Risk and Anxiety: A Theory of Data Breach Harms
96 Texas Law Review (2018) (with Daniel J. Solove)

  • Winner of 2016 Privacy for Policymakers award

2017

The Internet Will Not Break: Denying Bad Samaritans Section 230 Immunity
86 Fordham Law Review 401 (2017) (with Benjamin Wittes)

2016

The Privacy Policymaking of State Attorneys General
92 Notre Dame Law Review 747 (2016)

  • Recipient of the International Association of Privacy Professionals award for Best Paper at the 2016 Privacy Law Scholars conference
  • Winner of 2016 Privacy for Policymakers award

2015

Spying Inc.
72 Washington & Lee Law Review 1243 (2015)

Online Engagement On Equal Terms
95 Boston Law Review Annex 97 (2015)

2014

Criminalizing Revenge Porn
49 Wake Forest Law Review 345 (2014) (with Mary Anne Franks)

  • Discussed in Daniel J. Solove & Paul Schwartz, Information Privacy Law (5th ed. 2015);
  • Cited by Patel v. Hussain (Tex. App. Ct. Jan. 21, 2016)

The Scored Society
89 Washington Law Review 1 (2014) (with Frank Pasquale)

  • Recipient of the International Association of Privacy Professionals award for Best Paper at the 2014 Privacy Law Scholars conference
  • Cited in Executive Office of the President, Big Data: A Report on Algorithmic Systems, Opportunity, and Civil Rights (May 2016) and Federal Trade Commission, Big Data: A Tool for Inclusion or Exclusion (January 2016).
  •  Included in Future of Privacy’s Top Privacy Papers for Policymakers

2013

The Right to Quantitative Privacy
98 Minnesota Law Review 62 (2013) (with David Gray)

A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy
14 North Carolina Journal of Law & Technology 381 (2013) (with David Gray)

Fighting Cybercrime After United States v. Jones
103 Journal of Criminal Law & Criminology 745 (2013) (with David Gray and Liz Clark Rinehart)

Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards
126 Harvard Law Review Forum 262 (2013) (with David Gray)

2011

Mainstreaming Privacy Torts
99 California Law Review 1805 (2011)

  • Excerpted in William McGeveran, Privacy and Data Protection Law (Foundation Press 2016)

Intermediaries and Hate Speech: Fostering Digital Citizenship for the Information Age
91 Boston University Law Review 1435 (2011) (with Helen Norton)

Network Accountability for the Domestic Intelligence Apparatus
62 Hastings Law Journal 1441 (2011) (with Frank Pasquale)

2010

Fulfilling Government 2.0’s Promise with Robust Privacy Protection
78 George Washington Law Review 822 (2010)

Government Speech 2.0
88 Denver University Law Review 899 (2010) (with Helen Norton)

Visionary Pragmatism and the Value of Privacy in the Information Age
108 Michigan Law Review 1107 (2010) (Book review of Daniel J. Solove’s Understanding Privacy (2008)) (with Leslie Meltzer Henry)

2009

Law’s Expressive Value in Combating Cyber Gender Harassment
108 Michigan Law Review 373 (2009)

  • Excerpted in Geoffrey Stone, Louis Seidman, Cass Sunstein, Mark Tushnet, and Pamela Karlan, Constitutional Law: Supplement (6th ed. 2010)
  • Selected for reprinting in The First Amendment Law Handbook (Rod Smolla, ed. 2011)
  • Reprinted in Women and the Law (Jane Moriarty, ed. 2011)
  • Described as “one of the best works of recent scholarship in Work Law” in Jotwell

Cyber Civil Rights
89 Boston University Law Review 61 (2009)

  • Excerpted in Geoffrey Stone, Louis Seidman, Cass Sunstein, Mark Tushnet, and Pamela Karlan, Constitutional Law: Supplement (6th ed. 2010)
  • Reprinted in The First Amendment Law Handbook (Rodney Smolla, ed. 2010)
  • Excerpted in Daniel J. Solove & Paul Schwartz, Information Privacy Law (5th ed. 2015)
  • Featured as the centerpiece of a symposium held by Denver University Law Review in Nov. 2009
  • Featured in online symposium at Concurring Opinions Blog in April 2009.
  • Recommended in Daniel J. Solove & Paul Schwartz, Privacy Law Fundamentals (2d ed. 2013)

The Privacy Implications of Deep Packet Inspection
Deep Packet Inspection: A Collection of Essays by Industry Experts (Office of the Privacy Comm’r of Can. 2009)

2008

Open Code Governance
16 University of Chicago Legal Forum 355 (2008)

Technological Due Process
85 Washington University Law Review 1249 (2008)

2007

Reservoirs of Danger: The Evolution of Public and Private Law at the Dawn of the Information Age
80 Southern California Law Review 241 (2007)

2006

Minimum Contacts in a Borderless World: Voice over Internet Protocol and the Coming Implosion of Personal Jurisdiction Theory
39 University of California Davis Law Review 1481 (2006)

1992

Planned Parenthood v. Casey: From U.S. “Rights Talk” To Western European “Responsibility Talk
16 Fordham International Law Journal 761 (1992)

Short Pieces and Op Eds

2022

Opinion: The Most Disturbing Aspect of Vanessa Bryant’s Case
CNN (Sep 15, 2022) (with John C.P. Goldberg and Benjamin C. Zipursky)

Nancy Pelosi Is Blocking Landmark Data Privacy Legislation—for a Good Reason
Slate (Sep 9 , 2022)

Abortion Bans Are Going to Make Stalkerware Even More Dangerous
Slate (July 5, 2022)

The End of Roe Means We Need a New Civil Right to Privacy
Slate (June 27, 2022)

2021

Fix Section 230 and Hold Tech Companies Accountable
Wired UK (May 6, 2021)

The Case for Trump’s Permanent Ban From Social Media
Slate (February 5, 2021) (with Hany Farid)

It’s Time to Kick Trump Off Twitter
Slate (January 6, 2021)

2020

The Latest Tech Hearing Is About Helping Trump on Election Day
Slate (October 28, 2020) (with Spencer Overton)

Digital Platforms’ Power Over Speech Should Not Go Unchecked
Knight Foundation Blog (June 16, 2020)

All’s Clear for Deep Fakes: Think Again
Lawfare (May 11, 2020) (with Robert Chesney and Hany Farid)

Cyber Civil Rights in the Age of COVID-19
Harvard Law Review Blog (May 14, 2020) (with Mary Anne Franks)

Be very wary of Trump’s health surveillance plans
Washington Post (April 16, 2020) (with Geng Ngarmboonanant)

Facebook Takes a Step Forward on Deepfakes—And Stumbles
Lawfare Blog, (January 8, 2020) (with Robert Chesney, Quinta Jurecic)

2019

Tech Companies Get a Free Pass on Moderating Content
Slate (October 16, 2019)

The Internet’s “Safe Harbor” Is Not Safe for Kids
Common Sense Media (September 6, 2019)

Campaigns Must Prepare for Deepfakes: This Is What Their Plan Should Look Like
Carnegie Endowment for International Piece (September 5, 2019) (with Katherine Charlet)

The Automated Administrative State
Harvard Kennedy School’s Shorenstein Center (April 8, 2019) (with Ryan Calo)

New York’s Revenge Porn Law: Missed Opportunity to Protect Sexual Privacy
Harvard Law Review Blog (March 19, 2019) (with Mary Anne Franks)

Deep Fakes and the New Disinformation War
Foreign Affairs (January/February 2019 edition) (with Robert Chesney)

2018

Disinformation on Steroids: The Threat of Deep Fakes
Council on Foreign Relations Issue Brief (October 16, 2018) (with Robert Chesney)

We Don’t Need a National Data Center of the Poor
Slate (May 8, 2018) (with David A. Super)

Section 230’s Challenge to Civil Rights and Civil Liberties
Columbia University’s Knight First Amendment Institute (April 2018)

FOSTA: The New Anti-Sex Trafficking Law May Not End the Internet, But It Isn’t a Good Law Either
Lawfare (March 28, 2018) (with Quinta Jurecic).

Deep Fakes: A Looming Crisis for National Security, Democracy, and Privacy?
Lawfare (February 21, 2018) (with Bobby Chesney).

2017

The U.S. Has Started Cracking Down on Cyber Harassment
The Atlantic (December 5, 2017)

Silicon Valley Under EU Pressure and the Cost to Global Free Expression
CATO Publication (October 2017)

What We Learn From Government Speech About Hate
Lawfare (August 17, 2017) (with Helen Norton).

The Tyranny of Perfect Surveillance and Other Lessons from The Circle
Museum of the Moving Images Sloan Science and Film Blog (May 5, 2017) (with Ellie Citron)

Follow Buddies and Block Buddies: A Simple Proposal to Improve Civility, User Control, and Privacy on Twitter
Lawfare Blog (January 4, 2017) (with Benjamin Wittes)

2016

Five Unexpected Lessons from the Ashley Madison Breach
Ars Technica (December 29, 2016) (with Woodrow Hartzog)

Like Everyone Else, He Should Be Able to Talk to Whom He Wants
New York Times (November 21, 2016)

Enforce Existing Laws to Combat Online Threats
New York Times (August 4, 2016)

We Will Look Back at Cyber Harassment as a Disgrace—If We Act Now
The Guardian (April 15, 2016)

2015

Attorney Genearal Kamala Harris to Help Law Enforcement in Investigating Criminal Invasions of Sexual Privacy
International Association of Chiefs of Police Cyber Center (October 20, 2015)

Leave the Cheaters in Peace: If You Poke Around the Ashley Madison Hack, You are Aiding and Abetting the Hackers
New York Daily News (August 24, 2015)(with Maram Salaheldin)

Parents, Teens, and Technology: Starting the Conversation
Forbes (August 19, 2015) (with Julia Jean Citron)

Some Good News for Data Breach Victims, For A Change
Forbes (July 21, 2015)

Expand Harassment Laws to Protect Victims of Online Abuse
Al-Jazeera America (March 21, 2015)

Regulating Revenge Porn Isn’t Censorship
Al-Jazeera America (February 11, 2015) (with Neil Richards)

The Decision That Could Finally Kill the Revenge Porn Business
The Atlantic (February 2, 2015) (with Woodrow Hartzog)

2014

Companies Should Reject Online Threats
New York Times, Room for Debate (December 3, 2014)

On Legal Scholarship
AALS.org (with Robin West)

To Defeat Trolls, We Need To Do More than Just Jail Them
New Scientist (October 22, 2014)

Cops Don’t Take Harassment of Women Seriously—Especially Online
Time (Oct 17, 2014)

Open Letter to Jennifer Lawrence
Forbes (Oct 8, 2014)

Just Because a Hate Crime Occurs on the Internet Does Not Mean It is not a Hate Crime
Time (Oct 7, 2014)

Can and Should Perez Hilton Be Held Liable For Reposting Celebrities’ Private Photos Without Consent
Forbes (September 3, 2014) (with Neil Richards)

Free Speech Does Not Protect Cyber Harassment
New York Times, Room for Debate (August 19, 2014)

Big Data Should Be Regulated By “Technological Due Process”
New York Times, Room for Debate (August 6, 2014)

The Facebook Justice System: The Social Network Needs to Change How It Deals with Online Abuse
Slate (August 6, 2014)

The Rising Tide of Cyber Hate
On Faith (Sally Quinn, editor) (July 16, 2014)

It’s Simple: Punish Revenge Porn, or Let Men Punish Women They Don’t Like
The Guardian.com (UK), (April 17, 2014) (with Mary Anne Franks)

2013

Revenge Porn: A Pernicious Form of Cyber Gender Harassment
Baltimore Sun (December 15, 2013)

How to Make Revenge Porn a Crime: Worried about Free Speech, Don’t Be
Slate (November 7, 2013)

Revenge Porn Should Be A Crime
CNN.com (August 29, 2013)

2011

Sunday Dialogue: Anonymity and Incivility on the Internet
New York Times, Sunday Review p. 2 (November 27, 2011)