Author Archives: Michael Froomkin

New Media

Pierre Omidyar’s new venture, First Look Media, has its first online ‘magazine’ up and running. It’s called The Intercept. First big story is The NSA’s Secret Role in the U.S. Assassination Program.

It does go a little beyond what we already knew–that the US can use voice recognition to ID a cell phone user, then use geo-targeting to send a drone strike aimed at the phone–to discuss how the program works in practice (hint: not so great, especially once targets started adopting counter-measures).

Posted in Dan Froomkin, The Media | 1 Comment

The Nadir of the Florida Democratic Party

The leading candidate for the Florida Democratic Party’s nomination for the Governorship just said that Jeb Bush was a ‘great’ governor and would make a good President. And the Democratic party wants me to vote for Crist?

Of course, Crist himself was a Republican governor not so long ago. And before that, he was ‘chain-gang Charlie’, the Florida Attorney General who, in addition to wanting endless harsh sentences, personally argued before an appeals court that a high school girl who sent a naked picture of herself to a boy who then shared it around should have to register as a sex offender.

Vote for Nan Rich in the primary on August 26, 2014.

Posted in 2014 Election | Comments Off on The Nadir of the Florida Democratic Party

Speaking at American University on Friday

I’ll be presenting my latest draft paper, now entitled Regulating Mass Surveillance as Privacy Pollution: Learning from Environmental Impact Statements at a faculty workshop at the American University Washington College of Law at lunch time on Friday. So I’m off to DC early Thursday morning.

This will likely be my last chance to learn what I may need to do to punch up the paper before I send it out to law reviews, which I plan to do very soon. I’ll post a link to a draft of it here once I’ve incorporated the next round of comments.

As far as sending papers to law reviews is concerned, I’ve actually been very spoiled: almost all my work for the past decade has been book chapters or conference papers, so I have not had to send them out en mass to law reviews the way most law professors do most of the time. In fact, the last time I sent a paper out to law reviews seems to be … in 2003. (Has it really been that long?) And in that case, I was even luckier, as that paper was picked up by the Harvard Law Review.

I really think this is the best paper I’ve written in many years; that of course doesn’t necessarily tell one much about where it will end up. It isn’t short (23,000 words and counting), which is unfashionable. And I think it has two ideas, which could make it unwieldy. The political feasibility of what I propose is certainly open to question. But I think it might be somewhat original.

After this, there’s another paper in the pipeline on a very different topic. It’s good to think that I’m over the productivity hiccup caused by my aortic dissection almost exactly four years ago. Coincidentally, I had been scheduled to fly to DC on Feb. 12, 2010, the day I collapsed, but the conference I was planning to attend was snowed out. Had I gone, my aorta likely would have burst in the air, or I would have likely not gone to a hospital quickly enough had it happened in DC. In either scenario, I’d be dead as once it bursts you have less than an hour to be treated or it’s curtains.

So I guess I’m hoping it is the 2003 history, and not the 2010 history, that repeats itself.

Posted in Personal, Talks & Conferences | 2 Comments

I Was on NPR Today

I was interviewed on the Takeaway recently, and they played the sequence today. The subject was ICANN’s expansion of the gTLD space. The other speaker was Cyrus Namazi, vice president of Domain Name System Services at ICANN.

For some reason I sounded really hoarse….

Posted in ICANN, The Media | Comments Off on I Was on NPR Today

Best Disclaimer Ever?

The TV version of this otherwise endless and pointless commercial for KFC contains what may be the best disclaimer I have ever witnessed in the wild:

Professional. Do not attempt to eat chicken while doing a backflip on a motorcycle. You may choke.

Imagining that some lawyer got paid a lot of money for writing that just makes it funnier.

Posted in Tort | 3 Comments

Today’s Simile

The dissent rightfully, in my opinion, points out that Baze has as much to do with abuse of discretion for denying 12(b)(6) motions to dismiss as does a hot dog.

That’s Corey Yung, writing in What do a Writ of Mandamus, 12(b)(6), the Death Penalty, and a Batson Challenge Have in Common?, in an interesting discussion of procedural issues in a recent 8th Circuit opinion in method-of-legal-execution case. That dissent is pretty convincing on some other issues too, by the way.

(I post this in fear that someone will come along and say it’s really some kind of metaphor.)

Posted in Law: Criminal Law | Comments Off on Today’s Simile