|
BOOK PUBLICATIONS
ACADEMIC PUBLICATIONS
"Peter Hustinx and Three Cliches About E.U.-U.S. Data Privacy," in Data Protection Anno 2014: How to Restore Trust? (Hielke Hijmans & Herke Kranenborg ed.) (Intersentia 2014). "The Second Wave of Global Privacy Protection: Symposium Introduction," 74 Ohio St. L. J. 841 (2013). "Why the Right to Data Portability Likely Reduces Consumer Welfare: Antitrust and Privacy Critique," Maryland L. Rev. (forthcoming 2013). Peter Swire & Yianni Lagos.
"How to Address Standardless Discretion after Jones," (2012). Erin Murphy & Peter Swire.
“From Real-Time Intercepts to
Stored Records: Why Encryption Drives the Government to Seek Access to
the Cloud,” International Data Privacy Law, 2012.
“Managing Changing Compliance Requirements by Predicting Regulatory
Evolution: An Adaptability Framework,” Jeremy C. Maxwell, Annie I.
Antón, Peter Swire, 20th IEEE International Requirements
Engineering Conference, 2012.
“Encryption and Globalization,” 13 Colum. Sci. & Tech. L. Rev. 416 (2012). Peter Swire & Kenesa Ahmad.
“A Legal Cross-References Taxonomy for Reasoning about Compliance
Requirements,” Jeremy Maxwell, Annie I. Antón, Peter Swire, Maria Riaz
& Christopher McCraw, Requirements Engineering Journal,
Springer-Verlag, 2012.
"Social Networks, Privacy, and Freedom of Association," 90 N.C. L. Rev. 1371 (2012).
"A Reasonableness Approach to Searches after the Jones GPS Tracking Case," 64 Stanford L. Rev. Online 57 (2012).
"Why the Federal Government Should Have a Privacy Policy Office," 10 J. Telecomm. & High Tech. L. 41 (2012). “A Legal Cross-References Taxonomy for Identifying Conflicting Software Requirements,” (with Maxwell and Anton) in the 19th IEEE International Conference on Requirements Engineering (2009).
“Peeping,”
24 Berkeley Tech. L.J. 1164 (2009).
“The Consumer
as Producer: The Personal Mainframe and the Future of Computing,” 42
Law/Technology, 1st Quarter 2009, at 5.
“No Cop
on the Beat: Underenforcement in E-Commerce and Cybercrime,” 7 J. Telecomm.
& High Technology L. 107 (2009).
“Book Review:
Proportionality for High-Tech Searches,” 6 Ohio St. J. Crim. L. 751 (2009)
(Reviewing Christopher Slobogin, Privacy at Risk: The New Government
Surveillance and the Fourth Amendment).
“The ID
Divide: Addressing the Challenges of Identification and Authentication in
American Society,” Center for American Progress (2008) (with Cassandra Q.
Butts) (2008).
“When Should ‘Consumers-as-Producers’ Have to Comply with Consumer Protection
Laws?”, 31 J. Consumer Policy 473 (2008).
“Introductory Essay for ‘Privacy Law: Year in Review, 2007,” 3 I/S: A Journal of
Law and Policy for the Information Society 373 (2007).
“Book
Review: Transparency in Jeopardy,”
Issues in Science & Tech., Winter, 2007, at 92 (Reviewing Alasdair Roberts,
Blacked Out: Government Secrecy in the Information Age).
“Introductory Essay for
"Privacy Law Year
in Review, 2005-2006” I/S: A Journal of Law and Policy for the Information
Society (2007).
“Privacy
and Information Sharing in the War on Terrorism,” 51 Villanova L. Rev. 260
(2006).
“Introductory Essay for ‘Privacy Law: The Year
in Review, 2004’,” I/S: A Journal of Law and Policy for the Information
Society (2006).
“A Theory of Disclosure for Security and
Competitive Reasons: Open Source, Proprietary Software, and Government Systems,”
42 Houston Law Review 1333 (2006).
“Elephants
and Mice Revisited: Law and Choice of Law on the Internet,” 153 U. Penn. L.
Rev. 1975 (2005).
“Through the Privacy
Lens,” 4 J. Marshall Rev. Intell. Prop. L., Issue 2 (with Julie Cohen &
David Sorkin) (2005).
“Katz is
Dead, Long Live Katz,” 102 Mich. L. Rev. 904 (2004).
“The System
of Foreign Intelligence Surveillance Law”, 72 Geo. Wash. L. Rev. 1306
(2004).
“A Model for
When Disclosure Helps Security: What Is Different About Computer and Network
Security?” 3 J. Telecomm. & High Technology L. 163 (2004) (and forthcoming
as a chapter in a book to be published by the Cambridge University Press).
“Efficient
Confidentiality for Privacy, Security, and Confidential Business Information,”
Brookings-Wharton Papers on Financial Services (Brookings, 2003).
“Trustwrap:
The Importance of Legal Rules for E-Commerce and Internet Privacy”, 54
Hastings L.J. 847 (2003).
“State
Wiretaps and Electronic Surveillance After September 11”,
54 Hastings L.J. 971 (2003) (with Charles
Kennedy).
Appendix A:
State Wiretap Laws (as of June, 2002)
Appendix B:
Recent State Wiretap Legislation (as of June, 2002)
“The
Surprising Virtues of the New Financial Privacy Law,” 86 Minn. L. Rev. 1263
(2002).
"Security
and Privacy After September 11: The Health Care Example,” 86 Minn. L. Rev.
1515 (2002) (with Lauren Steinfeld).
“The
Ethical and Legal Implications of Jaffee v. Redmond and the HIPAA Medical
Privacy Rule for Psychotherapy and General Psychiatry,” 25 Psychiatric
Clinics of North America 575 (2002) (with Paul Mosher).
"Financial
Privacy and the Theory of High Tech Government Surveillance," 77 Washington
U. L.Q. 461 (1999) & Brookings Wharton Papers on Financial Services (1999).
"Of
Elephants, Mice, and Privacy: International Choice of Law and the Internet,"
32 The
International Lawyer 991 (1998).
"The Uses and
Limits of Financial Cryptography: A Law Professor's Perspective," chapter in
the proceedings of Financial Cryptography '97 (Springer Verlag, 1997).
"Markets,
Self Regulation, and Legal Enforcement in the Protection of Personal
Information," U.S. Department of Commerce, Privacy and Self Regulation in
the Information Age (1997).
"The Race to Laxity and the Race
to Undesirability: Explaining Failures in Competition Among Jurisdictions in
Environmental Law," Yale Law & Policy Rev./Yale J. on Regulation, Symposium:
Constructing a New Federalism 67 (1996).
"Equality
of Opportunity and Investment in Creditworthiness," 143 U. Pa. L. Rev. 1533
(1995).
"The
Persistent Problem of Lending Discrimination: A Law and Economics Analysis,"
73 Tex. L. Rev. 787 (1995).
"Safe Harbors and a Proposal to
Improve the Community Reinvestment Act," 79 Va. L. Rev. 349 (1993).
"Bank Insolvency Law Now That It
Matters Again," 42 Duke L.J. 469 (1992).
Litan, Swire & Winston, "The U.S. Liability System: Background and Trends," in
Liability: Perspectives and Policies (Brookings, 1988).
Note, The Incorporation of
Independent Agencies Into the Executive Branch, 94 Yale L.J.
1766 (1985).
Book Review, 1 Yale J. L & Pol'y 417 (1983) (reviewing Jerry L. Mashaw,
Bureaucratic
Justice: Managing Social Security Disability Claims).
NON-ACADEMIC PUBLICATIONS
TESTIMONY AND
OTHER PUBLIC COMMENTS
UNPUBLISHED
MATERIALS
|
