Papers and Publications

This page contains links to my legal scholarship relating to cybersecurity and technology law.

The Skeleton in the Hard Drive:  Encryption and the Fifth Amendment, 69 Fla. L. Rev. __ (2017) (forthcoming).  Examines Fifth Amendment right against self-incrimination as applied to decryption keys and related passwords.

 Cybersecurity, Encryption, and Corporate Social Responsibility, 18:3 Geo. J. Int’l. Affairs (2017).  Applies CSR principles to corporate entities that supply private encryption and security technologies.

Encryption Policy and Law Enforcement in the Cloud, 49 Conn. L. Rev. 1657 (2017) (Symposium).  Evaluates legal and policy frameworks for strong consumer encryption relating to cloud-based technologies.

Current Developments in Data Breach Litigation:  Article III Standing after Clapper, 67 S.C. L. Rev. 599 (2016) (Symposium).  Surveys holdings concerning Article III standing in recent consumer data breach litigation.

Cybersecurity, Data Breaches, and the Economic Loss Doctrine in the Payment Card Industry, 75 Maryland L. Rev. 935 (2016).  Evaluates the application of the economic loss doctrine in data breach cases particularly in light of network economics in the payment card industry.

Drone Courts, 44 Rutgers L.J. 413 (2014).  Argues for a special, limited court to test the legality of targeted drone strikes.

Does the Communications Act of 1934 Contain a Hidden Internet Kill Switch, 65 Federal Communications Law J. 1 (2013).  Examines executive powers provisions of the Communications Act of 1934.

Cybersecurity and Executive Power, 89 Washington L. Rev. 795 (2012).  Assesses the authority of the U.S. President over the Internet in times of cyber-emergency.