Data localization laws are emerging as a pernicious form of non-tariff barrier which significantly harms the growth of trade in a digitally powered world. An International Political Economy approach provides a more comprehensive analysis of the policy rationale behind such laws, as compared to a...

Prepared for the North Carolina Law Review symposium on police body-worn Cameras (“BWC”s), this Article shows that BWCs can be conceptualized as an example of the Internet of Things (“IoT”). By combining the previously separate literatures on BWCs and IoT, this Article shows how insights...

Measures restricting data flows outside one's borders, including mandatory data/server localization measures, are not only a barrier to trade, but also largely ineffective in achieving better internet security or trust. Nevertheless, governments deploy such measures, primarily on grounds of...

This article is part of a Wisconsin Law Review symposium in honor of the work of Neil Komesar, and particularly his book “Imperfect Alternatives: Choosing Institutions in Law, Economics, and Public Policy.” I used this as the main text in 2003 for one of the first law school courses on...

This article examines the tension between social networks as enablers of political mobilization (sharing information is good) and as threats to privacy (sharing information is bad). A central theme is that social networks are platforms to create associations. Linguistically, “networks” and...

The goal of this article is to provide a framework for assessing issues of data portability and other required transfers of data. Greater portability and other required transfers of data can have pro-competitive effects – if more companies have access to commercially valuable data, then there...

This article examines the interaction between data privacy, which was a highly salient political issue before the events of September 11, and cyber-security and homeland security, which became much more salient after those events. The article illustrates the shift in salience by examining the...