internet law and emerging tech: resources
The following are select links relating to the law, policy and business of the internet, emerging technologies and related areas. Last updated: January 24, 2020. Please see the legal disclaimer.
Internet and Emerging Tech: Law and Policy. A curated Twitter List related to law and policy of the internet, infosec, and emerging technologies. The list follows 146 individuals and organizations, including scholars, legal practitioners, entrepreneurs, members of the business and technology press, public policy advocates, and non-profit organizations.
Websites and Blogs – Internet Law, Tech and Policy:
TechDirt: TechDirt reports on and analyzes changes in government policy, technology and legal issues impacting innovation, as well as the impact of technological innovation on society, civil liberties and consumer rights.
EFF’s DeepLinks Blog: Electronic Frontier Foundation’s blog on law and policy developments, including EFF initiated or supported lawsuits.
CIS Blog: Tech/Internet law and policy updates on the blog of the Center for Internet and Society (CIS) at Stanford Law School.
Schneier on Security: Bruce Schneier’s blog on security, cryptography and security technology.
Technology & Marketing Law Blog: A multi-contributor blog, founded by Professor Eric Goldman (Santa Clara University School of Law; High Tech Law Institute), focusing primarily on legal developments related to online marketing and advertising.
The Volokh Conspiracy: A multi-contributor, general interest legal blog, The Volokh Conspiracy is hosted at Reason. Although not focused specifically on internet law and policy, many entries discuss developments in the area, particularly those by contributors Orin Kerr (professor of law at UC Berkeley Law School and well known scholar in the subjects of computer crime law and internet surveillance) and Stewart Baker (former NSA general counsel and assistant secretary for policy at the United States Department of Homeland Security).
Michael Geist’s Blog: Michael Geist is a law professor at the University of Ottawa, where he holds the Canada Research Chair in Internet and E-commerce Law. To a significant extent, his blog emphasizes Canadian IP and Cyberlaw.
MIT Technology Review: A technology website, rather than a legal blog, but since so many science and technology developments both relate to the internet and have legal/public policy implications, it’s an essential regular read.
A Few Thoughts on Cryptographic Engineering: The blog of Johns Hopkins research professor, Matthew Green, focused primarily on practical and applied cryptography.
Just Security: An online forum for analysis of U.S. national security law and policy based at the Reiss Center on Law and Security at New York University School of Law.
Light Blue Touchpaper: An infosec blog by researchers in the security group at the University of Cambridge Computer Laboratory.
LawFare: The national security law and policy blog of The Lawfare Institute (in cooperation with Brookings).
Treatises, Guides and Casebooks:
E-Commerce & Internet Law: Treatise with Forms (Ian C. Ballon; West Publishing; multi-volume set; )
Internet Law: Cases and Problems, 9th Edition (pdf casebook; $30 suggested price) by Professor James Grimmelmann (Professor of law at Cornell Tech and Cornell Law School). Professor Grimmelmann also blogs at The Laboratorium.
2019 Internet Law Cases and Materials (kindle edition – $9.99; paperback and pdf editions also available) by Professor Eric Goldman (Santa Clara University School of Law; High Tech Law Institute). Professor Goldman also provides additional resources (e.g., course syllabi, exams, sample exam answers, etc.) at this link.
Advertising & Marketing Law: Cases and Materials, 4th edition (2018) (kindle edition; pdf and epub versions also available) by Professors Eric Goldman (Santa Clara University School of Law; High Tech Law Institute) and Rebecca Tushnet (Georgetown University Law Center). Professors Goldman and Tushnet also provide additional resources (e.g., course syllabi, exams, sample exam answers, etc.) at this link.
Computer Crime Law (4th edition; January 2018) casebook by Professor Orin Kerr (Berkeley) (West; )
EFF’s Surveillance Self-Defense Guide – described by the Electronic Frontier Foundation as “tips, tools and how-tos for safer online communications”. Also see the Free Software Foundation’s Email Self-Defense Guide, but, in both cases, keep in mind my caveat under Tools and Services below.
Robot Law edited by Ryan Calo (University of Washington School of Law), A. Michael Froomkin (University of Miami School of Law), and Ian Kerr (University of Ottawa) ($$$; Edward Elgar Publishing; March 2016).
Fairness and Machine Learning: Limitations and Opportunities by Solon Barocas, Moritz Hardt, and Arvind Narayanan. This constitutes a work-in-progress, incomplete online textbook with, according to the authors, essential chapters still missing.
Intellectual Property in the New Technological Age (2019) by Peter Menell, Mark Lemley and Robert Merges; Volume 1 (Amazon Kindle) and (paperback); Volume 2 (Amazon Kindle) and (paperback); and Statutes 2019 (Amazon Kindle and paperback).
Trademark Law: An Open Source Casebook, Version 6.0 (July 2019) (pdf and .doc versions – free; print version also available for purchase) by Professor Barton Beebe (NYU School of Law).
The United States Copyright Office’s “Compendium of U.S. Copyright Office Practices, Third Edition” (1,182 pages). The compendium (the first since 1984’s Second Edition) took effect on December 22, 2014 (with revisions on September 29, 2017) and is the governing administrative manual for registrations and recordations issued by the Copyright Office on and after that date. A proposed revised draft is also available at this link.
Politico’s Morning CyberSecurity Tipsheet. Sign up (or read online) at the link.
Just Security‘s daily curated email summaries of national security and related developments. Sign up here.
Bruce Schneier’s Crypto-Gram – a monthly email digest of his comments on security. Sign up here.
Benedict Evans’ technology newsletter. Evans formerly worked at Andreessen Horowitz (‘a16z’), a venture capital firm in Silicon Valley. Sign up (or read online) at the link.
Casey Newton’s The Interface: a daily newsletter about platforms and democracy from the Silicon Valley editor of The Verge.
Matt Stoller’s Big: a newsletter on the history and politics of monopoly power from a journalist, author and former U.S. Senate Budget Committee policy advisor and analyst.
ProPublica’s Big Story: a several-times-a-week newsletter detailing major investigations by ProPublica, an independent, nonprofit, investigative journalism newsroom.
General Interest Newsletters: The Browser a curated daily collection of links to five recommended articles from across the web “on every imaginable topic” (as well as to a choice podcast and video), plus best of the week emails; and the email newsletter of Robin Sloan, author, enthusiast-level programmer (who experiments with machine learning), and thinker on the future of media.
Podcasts and Video:
Techdirt Podcast: a weekly discussion of technology related developments, policies, and controversies.
LawFare Podcasts: LawFare hosts several podcasts including the Cyberlaw Podcast, The National Security Law Podcast, and Rational Security.
a16z, a podcast on technology and the future from the prominent venture capital firm, Andreessen Horowitz.
Recode Decode: Silicon Valley journalist Kara Swisher interviews tech executives, tech critics, and others.
This Week in Law.
Santa Clara University High Tech Law Institute:
Without Precedent Podcast, a monthly podcast series examining the impact of technology innovations on the law and legal practice.
Berkman Center for Internet & Society – Multimedia
Audio Fishbowl: Berkman’s Podcast on Internet & Society
Berkman’s YouTube Channel
Stanford Center for Internet & Society (CIS) – Multimedia
Stanford CIS YouTube Channel
AI Podcast, a series of conversations about technology and science, including but not limited to artificial intelligence.
How to Start a Startup – a series of video lectures (and related readings) by Y Combinator, its former President Sam Altman, and various guest lecturers (initially given at Stanford in Fall 2014).
Accidental Tech, featuring three software developers, podcasters and reviewers.
John Gruber’s The Talk Show – tech/software developments in general, and Apple, more specifically.
Websites and Blogs – Tech and General (Non-Legal):
Two Rivers of Tech News/Links:
Techmeme’s River of Tech News.
Y Combinator’s Hacker News.
BITS: New York Times’ technology business blog.
WSJ Tech ($$$): Wall Street Journal’s technology section.
Dave Winer’s Scripting News: software developer, entrepreneur and writer.
The Verge’s tech policy webpage and ArsTechnica.
Felix Salmon: formerly a well known finance journalist at Reuters. Now senior editor at Fusion. This is his personal website, which links to his writings across the web.
Musings on Markets: thoughts on valuation, corporate finance and the news of the day by NYU business and finance professor, Aswath Damodaran.
New Geography.com: economic, demographic, and political commentary about places.
Jason Kottke: link blogger extraordinaire.
Quanta – an online magazine focused on science, tech and philosophy.
538: Nate Silver’s “data journalism” website.
Four VCs: M.G. Siegler – ; Fred Wilson – ;
Benedict Evans – and Mark Suster – ;
Two Software Developers: John Gruber (Daring Fireball) – and
Marco Arment –
Ben Thompson’s Stratechery: technology commentator and analyst.
Monday Note: a journalist (Frédéric Filloux) and a former Apple executive (Jean-Louis Gassée).
New Scientist ($$$): The online website of New Scientist magazine.
The Intercept: Originally, all things Snowden/NSA, but has broadened to other topics.
Om Malik: entrepreneur, journalist and VC.
Anil Dash: technologist and entrepreneur.
The Amazon links below are provided for convenience only and do not generate affiliate fees for this website’s publisher —
Turing’s Cathedral: The Origins of the Digital Universe (2012) – George Dyson (Amazon)
The Information: A History, a Theory, a Flood (2011) – James Gleick (Amazon)
The Idea Factory: Bell Labs and the Great Age of American Innovation (2012) – Jon Gertner (Amazon)
The Chip : How Two Americans Invented the Microchip and Launched a Revolution (1985) – T.R. Reid (Amazon)
Dealers of Lightning: Xerox PARC and the Dawn of the Computer Age (1999) – Michael A. Hiltzik (Amazon)
The Master Switch: The Rise and Fall of Information Empires (2010) – Tim Wu (Amazon)
Hackers: Heroes of the Computer Revolution (25th anniversary edition; originally 1984) – Steven Levy (Amazon)
From Counterculture to Cyberculture: Stewart Brand, the Whole Earth Network, and the Rise of Digital Utopianism (2006) – Fred Turner (Amazon)
Where Wizards Stay Up Late: The Origins Of The Internet (1996) – Katie Hafner (Amazon)
How the Internet Happened: From Netscape to the iPhone (2018) – Brian McCullough (Amazon); see also his Internet History Podcast
Revolution in The Valley: The Insanely Great Story of How the Mac Was Made (2004) – Andy Hertzfeld (Amazon)
The Search: How Google and Its Rivals Rewrote the Rules of Business and Transformed Our Culture (2005) – John Battelle (Amazon)
Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age (2013) – Susan P. Crawford (Amazon)
The Innovator’s Dilemma: When New Technologies Cause Great Firms to Fail (1997) – Clayton Christensen (Amazon)
The Wealth of Networks (2006) – Yochai Benkler (free download) (Amazon)
Free Software, Free Society: Selected Essays of Richard M. Stallman (2002) – Richard Stallman (free pdf download)
The Future of the Internet–And How to Stop It (2008) – Jonathan Zittrain (Amazon)
Codev2 (2006) – Lawrence Lessig – (free download) (Amazon) This is the second (updated) version of Lessig’s classic Code and Other Laws of Cyberspace, originally published in 1999.
The Boy Who Could Change the World: The Writings of Aaron Swartz (2016) – Aaron Swartz (Amazon); and The Idealist: Aaron Swartz and the Rise of Free Culture on the Internet (2016) – Justin Peters (Amazon)
You Are Not a Gadget – Jaron Lanier (Amazon); and Ten Arguments for Deleting Your Social Media Accounts Right Now (2018) – Jaron Lanier (Amazon)
The Code Book: The Science of Secrecy from Ancient Egypt to Quantum Cryptography (2009) – Simon Singh (Amazon); and The Codebreakers: The Comprehensive History of Secret Communication from Ancient Times to the Internet (1996) – David Kahn (Amazon)
No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State (2014) – Glenn Greenwald (Amazon)
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations (2017) – NATO Cooperative Cyber Defence Centre of Excellence (Wikipedia entry) (Amazon)
Countdown to Zero Day: Stuxnet and the Launch of the World’s First Digital Weapon Hardcover (2014) – Kim Zetter (Amazon); and Worm: The First Digital World War (2011) – Mark Bowden (Amazon)
The Attention Merchants: The Epic Scramble to Get Inside Our Heads (2016) – Tim Wu (Amazon)
Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy (2016) – Cathy O’Neil (Amazon)
Twitter and Tear Gas: The Power and Fragility of Networked Protest (2017) – Zeynep Tufekci (Amazon)
American Spies: Modern Surveillance, Why You Should Care, and What to Do About It (2017) – Jennifer Granick (Amazon)
Re-Engineering Humanity (2018) – Frischmann and Selinger (Amazon)
The Right of Publicity: Privacy Reimagined for a Public World (2018) – Jennifer Rothman (Amazon)
Privacy’s Blueprint: The Battle to Control the Design of New Technologies (2018) – Woodrow Hartzog (Amazon)
Habeas Data: Privacy vs. the Rise of Surveillance Tech (2018) – Cyrus Farivar (Amazon)
Because Internet: Understanding the New Rules of Language (2019) – Gretchen McCulloch (Amazon)
The Social Media Upheaval (2019) – Glenn Harlan Reynolds (Amazon)
The Curse of Bigness: Antitrust in the New Gilded Age (2018) – Tim Wu (Amazon)
Competition Overdose: How Free Market Mythology Transformed Us from Citizen Kings to Market Servants (2020) – Maurice E. Stucke and Ariel Ezrachi (Amazon)
See also: The CyberSecurity Canon, an attempt by Rick Howard, Palo Alto Networks Chief Security Officer, to identify a list of must-read books for cybersecurity practitioners.
Tools and Services:
Caveat: In light of the capabilities of the NSA, certain nation states (including China and Russia) and various hackers, the consideration and use of any tool or service which promises things such as enhanced security or anonymity for the user must be undertaken with extreme caution. Any tool or service might have been compromised, and many of these tools and services can be difficult to properly use. Even if the safety of any such tool or service has not been compromised, errors in use or the compromise of the user’s hardware or, for example, of intermediate, middleman or endpoint software/hardware, might jeopardize the user and the user’s safety, security or anonymity. This list does not constitute any endorsement or warranty by me of any of these third party tools or services (or of the links to such tools and services); all such third party tools and services are used at the reader’s own risk.
The Sunlight Foundation’s Sunlight Labs Tools and Projects: Although Sunlight Labs has shut down, many of its former tools and projects (such as those for tracking legislation and public policy) are now being maintained by other organizations. A list of such tools and projects and their current web locations can be found at the link.
Democracy.io: EFF’s online tool for sending messages to members of the U.S. Senate and House of Representatives.
Lumen’s searchable database of DMCA takedown notices and cease and desist letters.
The Tor Project, including the Tor Browser and Orbot.
Tails: an operating system designed to be used from a DVD, USB stick, or SD card independently of a computer’s original operating system, and which aims to protect privacy and anonymity.
Digital First Aid Kit, a set of tools designed by a group of NGOs, including EFF, to provide preliminary assistance to those facing common digital threats (e.g., account hijacking, seizure of devices, malware infections and DDoS attacks).
Project Shield (Google Ideas – application required), to help human-rights activists, NGOs, and news organizations defend their websites from distributed denial of service (DDos) attacks.
Digital Attack Map: Google Ideas’ live data visualization, displaying DDoS attacks in real time.
Freedom of the Press Foundation’s SecureDrop open-source whistleblower submission system that media organizations can use to securely accept documents from anonymous sources (originally coded by the late Aaron Swartz).
Selected Internet Law and Policy Papers:
Caveat: Keep in mind the New York Times advisory regarding law review articles – “About 43 percent of law review articles have never been cited in another article or in a judicial decision . . . The judge, lawyer or ordinary reader looking for accessible and timely accounts or critiques of legal developments is much better off turning to the many excellent law blogs . . . In the 1970s and 1980s, about half of all Supreme Court opinions cited at least one law review article, according to a [recent] study . . . Since 2000, the rate is just 37 percent — even as Supreme Court opinions have grown longer and more elaborate . . . The leading Supreme Court advocates know that law review articles carry almost no weight with the justices. ‘Only a true naïf,’ Seth P. Waxman, a former solicitor general said in 2002, ‘would blunder to mention one at oral argument.'”
• The Fourth Amendment and the Global Internet – Orin Kerr, 67 Stanford Law Review 285 (2015)
• Robotics and the Lessons of Cyberlaw – Ryan Calo, California Law Review, Vol. 103 (2015)
• Bulk Metadata Collection: Statutory and Constitutional Considerations – Laura K. Donohue, 37 Harvard Journal of Law and Public Policy 757 (2014)
• Don’t Fear the Leaker: Thoughts on Bureaucracy and Ethical Whistleblowing – Glenn H. Reynolds, University of Tennessee Legal Studies Research Paper No. 254 (2014)
• The Mosaic Theory of the Fourth Amendment – Orin Kerr, Michigan Law Review, Vol. 110 (forthcoming 2012)
• The Path of Internet Law: An Annotated Guide to Legal Landmarks – Michael L. Rustad and Diane D’Angelo, Duke Law & Technology Review, Vol. 2011, No. 012 (2012)
• Ten Commandments of Internet Law Revisited: Basic Principles for Internet Lawyers – Arno R. Lodder, Information & Communications Technology Law, Vol. 22, Issue 3 (forthcoming 2013)
• ‘I’ve Got Nothing to Hide’ and Other Misunderstandings of Privacy – Daniel J. Solove, 44 San Diego Law Review 745 (2007)
• Amazon’s Antitrust Paradox – Lina M. Khan, 126 Yale Law Journal (2016)
• more to come •
Legal Disclaimer: The links above are provided for convenience only and are not intended to be comprehensive. I am not responsible for the content or operation of any external websites, and caution should be used by readers, as any information provided on this website or on any external websites that are linked to by this website might not necessarily be complete, timely or accurate.
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