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Jones Meant What it Said: EFF Urges Court to Stop Warrantless GPS Tracking

[Co-authored with Hanni Fakhoury. Cross-posted from EFF’s Deeplinks blog.] When the Supreme Court said in United States v. Jones that planting a GPS device on a vehicle is a physical intrusion that...

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2012 in Review: Major Location Privacy Developments

[Co-authored with Hanni Fakhoury. Cross-posted from EFF’s Deeplinks blog.] As the year draws to a close, EFF is looking back at the major trends influencing digital rights in 2012 and discussing where...

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In the Wake of Aaron Swartz’s Death, Let’s Fix Draconian Computer Crime Law

[Cross-posted from EFF’s Deeplinks blog.] Outpourings of grief and calls for change continue to flood the Internet after the suicide of Aaron Swartz, only 26 years old. Aaron was one of our community’s...

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EFF’s Initial Improvements to Aaron’s Law for Computer Crime Reform

[Co-authored with Mark M. Jaycox and Cindy Cohn. Cross-posted from EFF’s Deeplinks blog.] The death of our friend Aaron Swartz has resulted in an unprecedented outpouring of grief, along with a strong...

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EFF’s Additional Improvements to Aaron’s Law

[Co-authored by Cindy Cohn. Cross-posted from EFF’s Deeplinks blog.] In our first post, we presented some initial thinking about how to fix the Computer Fraud and Abuse Act (CFAA) and wire fraud law in...

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Rebooting Computer Crime Law Part 1: No Prison Time For Violating Terms of...

[Co-authored with Rainey Reitman. Cross-posted from EFF’s Deeplinks blog.] In the wake of social justice activist Aaron Swartz’s tragic death, Internet users around the country are taking a hard look...

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Rebooting Computer Crime Law Part 2: Protect Tinkerers, Security Researchers,...

[Co-authored with Cindy Cohn. Cross-posted from EFF’s Deeplinks blog.] In the wake of social justice activist Aaron Swartz’s tragic death, Internet users around the country are taking a hard look at...

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Rebooting Computer Crime Part 3: The Punishment Should Fit the Crime

[Co-authored with Cindy Cohn and Hanni Fakhoury. Cross-posted from EFF’s Deeplinks blog.] In the wake of social justice activist Aaron Swartz’s tragic death, Internet users around the country are...

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Leaving EFF and Starting a Law Practice

When I started my final year of law school in 2002, I asked myself, what’s the most fantastic job you can imagine having in your legal career? I came up with two answers: being a staff attorney at the...

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under construction

I’m in the midst of overhauling this site, so please check back for developments. If you’d like to contact me in the mean time, the best way to reach me is marcia@marciahofmann.com (PGP public key, PGP...

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The 2012 DMCA Rulemaking: What We Got, What We Didn’t, and How to Improve the...

[Co-authored with Corynne McSherry. Cross-posted from EFF’s Deeplinks blog.] Last week the Librarian of Congress issued his final decision (pdf) limiting copyright owners’ ability to sue you for making...

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