The University of
Miami is not actually in Miami,
but in nearby Coral
Gables.
Spot the semiotic signifiers in U.M.'s Rose
Bowl commercial.
Here is the City Beautiful's homepage
and a
map of our neighborhood and a close-up.
Visit our webcams and see our
weather.
You can also visit my
official
homepage or an unofficial guide to Information
Technology law at UM.
Plus, here's some unofficial advice about course selection in
law school and some idiosyncratic writing
tips.
Teaching Schedule
2005-2006
Fall 2005
|
Administrative Law M Tu Th, 8:00am - 9:20, Rm. 108
|
Internet Law MW 11:00-12:20, Rm. 110
|
Spring 2006
|
On leave
|
Contact me if you are writing a paper on an Internet topic
|
Fall Semester Office Hour:TBA and by appointment
Latest
items of interest on this
:
-
When We Say USTM, We Mean It!, 41 Hous. L. Rev. 839 (2004), a discussion of whether nations "own" "their"
ccTLDs under international law.
-
A draft paper on national ID cards, The
Uneasy Case for National ID Cards.
-
Time to Hug a Bureaucrat, my
commentary on papers on Internet regulation at a panel hosted by Loyola
(Chicago).
- Final published version of
Virtual Worlds, Real Rules (with Caroline Bradley, University of Miami
School of Law)
- Final,
published text of,
Habermas@discourse.net:
Toward
a Critical Theory of
Cyberspace, 116 Harv. L. Rev. 749 (2003), which explores the Internet
standards making process as a case study of discourse ethics in action.
- ICANN
2.0: Meet the New Boss. This is the Introduction to a
Symposium with
several
interesting ICANN-related articles in
the Loyola LA Law Review.
- Anonymity in the Balance, a chapter
from Digital Anonymity and the Law: Tensions and Dimensions (C. Nicoll,
J.E.J. Prins & M.J.M. van Dellen eds. 2003)
- I have achieved an odd sort of fame
- Slides from my presentation at The Public Voice in Internet
Policy Making, entitled Lessons
Learned From the ICANN Process, and from the ICANN-critique process
(.ppt)
(22 June 2002), sponsored by the Electronic Privacy Information
Center (EPIC).
- Slides
from my presentation at INET 2002,
Trademark Law Meets the Internet
(.ppt).
- Form and Substance in
Cyberspace (.pdf), 6 J. Small & Emerging Bus. L. 93 (2002). A
pre-print of my reply to an article
by Joe Sims and Cynthia Bauerly attacking my earlier article on ICANN's
legal status, Wrong Turn in Cyberspace.
Unfortunately, most of my reply assumes you have read the fairly silly
article it is responding to, and AFAIK that one isn't online, and the lead
author has not responded to my offer to host it for him.
- A draft of an article co-authored with Mark Lemley,
ICANN and Anti-Trust. Comments
welcomed!
- A
draft article on ICANN's problems, A
Proposal for an Improbable Solution to the Problems of an Improbable
Body (pdf), written for the conference on "New Technologies and
International Governance" held at the School of Advanced International
Studies, Johns Hopkins University, co-sponsored with
George Mason University Washington DC. This paper was delivered February
12 2002, i.e. before ICANN CEO Stuart Lynn proposed radical changes to
ICANN. For my views of that, please see 'Where
Goes ICANN'
- A start on a FAQ for people thinking about law
school.
- A FINAL 4/24/02 draft of ICANN's "Uniform Dispute Resolution Policy"–
Causes and (Partial) Cures (sorry, .pdf only for now).
- I've
written a
little essay on the latest ICANN
outrage involving re-delegation of the .au ccTLD.
- Monash University's Centre for Law in the
Digital Economy
(CLiDE) has copies of my slides for the Inaugural Lecture I gave on
Aug.
9, 2001: Winners and
Losers: The Internet Changes Everything -- or Nothing?
- My brother has a nice article online about Why The Web Can Work
So Well for Journalists
- Senator Conrad Burns has sent a
letter to the GAO asking them to do a
study "about the legality of DOC's delegation of authority to
ICANN in practice." In it, the Senator specifically asks GAO to consider
my article on ICANN. Update: The GAO didn't do that. But
they did issue this interesting report.
- We have completely revised the site at ICANNWatch.org. Please have a
look.
- The inaugural issue of the Duke Law and Technology Review has a short
interview
with me.
- I have discovered a new taste for poetry.
Sometime a haiku just reaches you where you live.
-
My prepared statement for the
Senate Commerce, Science and Transportation Committee Communications
Subcommittee hearing on ICANN Feb. 14, 2001. Also in massive .pdf (with
charts).
-
My prepared statement for a hearing
before the U.S. House of Representatives Committee on Energy & Commerce
Subcommittee on Telecommunications entitled "Is ICANN's New Generation of
Internet Domain Name Selection Process Thwarting Competition?"
-
Public
interest groups' letter to Department of Commerce
requesting hearings on new gTLDs. Also a press release
regarding the letter.
-
Final draft of my latest ICANN article, Wrong Turn in Cyberspace: Using
ICANN to Route Around the APA and the Constitution, 50 Duke
L.J. 17 (2000). Also available in .pdf
format.
-
Slides
prepared for my talk on Internet & International Regulation: Emergence
and Enforcement at the University of Ottawa's Conference
on the Evolution of Legal Systems, BiJuralism and International Trade 2000.
If you were there you may have noticed that (1) I didn't actually use these
slides as this wasn't a Powerpoint-friendly event and (2) the actual talk
diverged somewhat from the slides, especially as parts of it were in a
different language.
-
Slides
from my talk "The Assault on Anonymity and its Consequences" given
at a
workshop on "Anonymity and Internet: rights and obligations in a borderless
society" in Tilberg, NL sponsored by the Institute for Globalization
and Sustainable Development (Globus) and the Centre
for Law, Public Administration and Informatization (CRBI).
- Slides
from my talk "Cross-Border B2C eADR" given to a TIAS/Arthur Andersen
seminar on "Legal and valuation issues of E-business" in Tilburg, NL
(2000)..
-
A crude HTML version of The
Death of Privacy?, a draft article on privacy and new technology.
Also available in better,
but still not final, .pdf version.
-
New content up at ICANNWatch.org
-
UPDATEDAn
only slightly tongue-in-cheek set of powerpoint slides on The Virtual
Law School
-
Speculative
Microeconomics for Tomorrow's Economy. A revised and updated version
of The
Next Economy.
ICANN/Internet Governance
Visit ICANNWatch.org for additional
coverage of ICANN-related issues. I also have a separate ICANN/WIPO
page.
Crypto
WIPO
Other Projects
Essentially final (11/27/98) draft of my 2B
as Legal Software for Electronic Contracting -- Operating System or Trojan
Horse?.
Symposium:
The Walls Have Eyes
I have acquired rights to the domain "law.tm"
from the .TM domain registrar
in Turkmenistan.
Cryptography, the Clipper Chip, Key "Escrow"
It
Came From Planet Clipper -- an update on the Key Escrow Wars... Now
with a
postscript concerning the October Encryption Initiative, AKA Clipper
3.11.
You can also read my original
clipper article, The Metaphor is the Key: Cryptography, the Courts,
and the Constitution which explains why
mandatory key escrow would not be constitutional -- at least for private
use of cryptography. Clicking
here will switch to either a frames or no-frames version, depending on
your browser. If those files are too large for your browser, Hal Abelson
of MIT has kindly hosted a
chopped-up version that allows you to just download small parts at a time.
.
A pdf version of a (very) short write-up of a talk called
Digital
Signatures Today that appeared in the Proceedings of Financial Cryptography
'97.
You may also want to visit a paper I did not write: the
cryptographers' report on the practicalities, costs, and even dangers of
key escrow.
I did write part of a moot court problem based on an invented
cryptography control statute. Here is my imaginary really
pro-Clipper court decision. You can also view the entire
moot court problem, and hear
a RealAudio transmission of the hearing. You can also hear a RealAudio
of a panel on "Addressing Law Enforcement Concerns in a Constitutional
Framework" recorded at the SAFE forum discussion of cryptographic export
control, held July 1, 1996 at Stanford University. The nice people
at CDT have also produced a
transcript of that session. .
Flood
Control on the Information Ocean: Living With Anonymity, Digital Cash,
and Distributed Databases discusses the cryptographic foundations
of anonymity, and the legal issues it raises. You can click
here for the no-frames version.
You can also see my somewhat dated article on Anonymity,
published in the Journal
of Online Law, which is updated in the Information
Ocean paper mentioned above
Electronic Commerce, Digital Cash, Regulatory
Arbitrage
The Next
Economy?. An attempt to ask organized questions about the microeconomics
of web commerce. Or rather, what effect web commerce might have on microeconomics....
(Written with Brad De Long).
My presentation to UM's 3rd International Tax Institute: The
Internet: A Free Port in Every PC? (slides only).
Flood
Control on the Information Ocean: Living With Anonymity, Digital Cash,
and Distributed Databases has a survey of many types of digital
cash and discusses the legal significance of some of the differences between
them. You can click
here for the no-frames version.
A pdf version of a (very) short write-up of a talk called
Digital
Signatures Today that appeared in the Proceedings of Financial Cryptography
'97.
My e-cash
"position paper" for CFP '97 on the Unintended Consequences of E-Cash.
The
Essential Role of Trusted Third Parties in Electronic Commerce, which
discusses Certification Authorities, certificates, digital signatures,
and dips a cautious toe into the question of ... liability. Also available
in a no
frames version.
Here's a shorter and (I hope) more accessible article, which starts
with the same technical material about anonymity as "Flood Control" but
then takes it in a different direction. This essay is entitled The
Internet as a Source of Regulatory Arbitrage; it appears as a chapter
in Borders in Cyberspace (MIT Press, 1997).
Administrative Law
Reinventing
the Government Corporation, an article with administrative law and
constitutional law/separation of powers themes appeared in the Illinois
Law Review in 1995. It discusses the legal issues raised by Sallie Mae,
Fannie Mae, Comsat, TVA, Amtrak and other familiar but surprisingly poorly
understood federal government corporations.
Separation of Powers
If you are interested in separation of powers, you can read my side of
a debate on the role of the three branches of government. I first got interested
in these issues when I wrote my
student Note, In Defense of Administrative Agency Autonomy, 96 Yale
L.J. 787 (1987). Some time later the arguments in that note got
attacked in fairly harsh terms in Steven G. Calabresi & Kevin H. Rhodes,
The
Structural Constitution: Unitary Executive, Plural Judiciary, 105 Harv.
L. Rev. 1155 (1992). I wrote a reply, The
Imperial Presidency's New Vestments, which in turn sparked separate
answers from each of the two authors of the Structural Constitution
article. My rebuttal article is called Still
Naked After All These Words. For some reason the rebuttal gets
far more hits than the reply...
Here is the text of a book review I wrote called Climbing
the Most Dangerous Branch: Legisprudence and the New Legal Process.
It discusses theories of statutory interpretation and the first edition
of a case book called CASES AND MATERIALS ON LEGISLATION: STATUTES AND
THE CREATION OF PUBLIC POLICY written by William N. Eskridge, Jr, &
Philip P. Frickey.
Miscellany
A short introduction
to the CDA decision.
Text
of law professors' letter opposing mandatory key escrow.
Hear an Internet audio version of my CFP '98 panel on Crypto
and Privacy at the Fringes of Society or my CFP '95 panel, Can
We Talk Long-Distance? Removing Impediments to Secure International Communications.
I wrote a WordPerfect
5.1 macro that converts a footnoted document into crude HTML with hyperlinked
notes. The macro assumes that reveal codes is OFF, and that the document
you want converted is in one window while the alternate document is empty.
The macro does not fix headings (style codes do that well), nor does it
do a table of contents. To fix bold and underline, find the CHANGECO macro
provided with WP5.1 and change them to the appropriate HTML. An additional
manual search and replace, plus some cutting up into separate documents,
is needed to change this to a frames document.
This WP 5.1 macro will convert
footnotes in a westlaw document into wordperfect footnotes. The Westlaw
document must have been saved in WP 5.1 form. To run the macro, open the
WP5.1 version of the downloaded file, type ALT-F10 then type WESTFN and
hit the enter key. The macro assumes that reveal codes is OFF. It will
strip off the excess headers and footers inserted by Westlaw into documents,
but will leave the Westlaw copyright notice intact. If the macro is working
you should see a progress report in the lower left hand corner of your
screen. This macro is very simple-minded, and sometimes gets mixed up if
there are atrociously long footnotes, so you do need to check the result.
Looking at the final footnote to see if has the same number, and same text,
as the original will usually but alas not inevitably tell you if things
worked right. Even if they didn't, a small amount of manual tweaking will
usually fix the resulting document.
Search Tools
U.S. Code
Look
it up......
View all U.S.
Supreme Court decisions 1937-1975; or
search Supreme Court cases.
UK legislative, judicial and even
(soon) administrative materials on-line and searchable
Maybe you want to search the Web,
or search USENET, or visit Lawrence Livermore
Labs list of lists.
This national telephone
directory is almost too good for my taste. The National
Archives have a great web site.
Browsing
Citation Search
Title Search
Full-Text Search
The Universal Currency Converter
Groups & Causes
I participate/lurk in several mailing
lists. I am also a member of a few organizations.
See the list
of select Nonprofit Organizations on the Internet.
Local
The "acceptable
use
policy" adopted by our faculty to regulate computer usage at the law school.
Our local weather
forecast, and the latest hurricane
news
Past teaching
So far, I have taught or am teaching:
Administrative
Law
Civil Procedure
Constitutional Law
Electronic Commerce Seminar
Intellectual Property in the Digital Era Seminar
International
Law
Internet and the State:
Social and Political Regulation
(Fall 2002)
Internet and the Market:
E-Commerce & Intellectual Property
(Spring 2002)
Internet Goverance Seminar
Jurisprudence
Trademark
Law
I am also interested in:
Crypto
The DigiCrime Web Site promotes
crypto-crime.
I
used to have a
spiffy background. Then it was a point
of darkness in protest against the
CDA (you can see the Final
Conference Report). After the ACLU
filed a complaint and
a good brief on behalf
of a
variety of plaintiffs, and despite a well-written
brief by the Justice Department supporting the CDA, the court issued
a TRO
covering part of the CDA, so I let in some light.
When a three-judge court produced a
superb decision, I let in much more light. Now that the Supreme
Court has issued its ruling,
things are still brighter....
An official copy of The National Research
Council's Report, "Cryptography's
Role in Securing the Information Society" (CRISIS) is now available
on line. It is very long, but it is essential reading if you are interested
in the cryptographic policy debate. Click
here for the unofficial copy. There is also an interesting paper by
the Chair of the NRC committee reflecting on the report and its aftermath,
which is available in PDF
form or in postscript
form.
Legal
Read important
legal documents
See the large
list of legal stuff or the State
Department's private international law database.
The U.M. Law Library
offers many useful links,
Hear oral arguments recorded
at the Supreme Court,
Fun
The DigiCrime Web Site.
Feeling low? Click here for a surreal
compliment, or read some
lawyer jokes, or look at the long
list of funny stuff from laughWEB or the Oracle
humor archive. Here is a universal
grade change form. If your case is very serious, and it seems as if
you are sinking in a black
hole, maybe this list
of internet support groups might help.
Track commercial
airplanes in near real time
Here is an incredible snooping
opportunity. And, you can click
here to find out what we know about you. Find out what
type of encryption your browser supports. Your PC
can talk now. And here's some other important
information that's hard to find on the web...although I have found
another
version .
Play URL
Roulette, or take a random
leap, or maybe you would like to check
on how your stocks are doing, send a
fax, or see what the Trilateral
Commission and some intelligence
agencies are up to. Make some maps!Look
up some zip codes! Send
a fax! The "Think Tank
Times" that has pointers to lots of news organizations.
Or, you can play
Internet minesweeper, play Internet
Rubik's cube, read
a fortune cookie try
the maze, read the first chapter
of a lot of books, find
an e-zine to read, or just get
away from it all. Would you like to see
how much information your browser discloses about you?
Here is some information on how
to become a law professor (under construction), on the joys of economics,
postmodernism,
quantum
mechanics, and Keats.
Click here to learn
about Digital Futures, or the Iowa
Electronic Markets. Or you could get
your politics fix.
Here are some
miscellaneous links I have visited (under construction)
I rely on the HTML
Manual, but my page is nowhere as fancy as this
one.
Repetitive Strain Injuries (RSI)
If you use your computer too much, you can get Repetitive
Strain Injury, a common form of which is known as Carpal
Tunnel Syndrome.
Links to People
[I just know too many people...]
The high school I attended now
has its own Web site; it seems to have gotten somewhat cooler than when
I was there (and much more computerized!). There is also a web site for
the college I attended (the fight
song is kinda fun), the place
I went to grad school, and the
law school I attended and its
library's better page. Now my
wife and my brother
have homepages too. My brother is the Editor of theWashington Post online aka Washingtonpost.com. My mom's
office is on line too. Check out the
genetic
trail. Dad is now the lone holdout...
My c.v.
in Adobe Acrobat .pdf
Contact Info
You can send me mail by
removing the XYXY's from my address.
Experimental -- DO NOT RELY ON THIS: Send me private email via this
web form:
My PGP public
key is available, but please don't send me encrypted mail unless you
really have to (I decrypt off line and it's a pain). You can find more
information on PGP here, or get the latest in home encryption technology
by getting PGP Fone.
Here is a
useful page on remailers.
Page last modified May 18, 2001. Non-standard disclaimers
may apply. Beware of these fallacies...and
and
these too!
This personal Web page is not an official University
of Miami Web page. See
disclaimer.
according to the
Web Counter.
Passed the 10,0000 mark at 15:55 on Sept. 18, 1997; passed the 20,000
mark in early March, 1999; 30,000 sometime in early Jan., 2000; counting
has been more and more inaccurate (undercounting)
since then.
Experimental
Recent referrers