The following are selected works that were never published but which provide historical perspective on my work in privacy and information technology.
“The Administration Response to the Challenges of Protecting Privacy,” Stanford L. Rev. Symposium on Privacy, Jan. 8, 2000. This almost-finished law review article provides a contemporaneous description of what we were trying to accomplish on privacy about halfway through my time in the Clinton Administration.
“Public Feedback Regulation: Learning to Govern In The Age of Computers, Telecommunications, and the Media.” This was my first writing on the law of cyberspace, presented to the faculty at theUniversity of Virginia in January, 1993. That was early enough that I had to define “cyberspace” in the first paragraph. Although I disagree now with some of the specifics, the main insight holds up – the Internet allows far greater transparency and user empowerment than previous communication technologies.
“The Onslaught of Complexity: Information Technology and Developments in Legal and Economic Thought.” This was my undergraduate thesis, which shared a prize for best thesis in 1980 in the Woodrow Wilson School at Princeton. For better or worse, it works on the same themes as much of my later work – the intersection of information technology, economics, and law.