Scholarship
Professor Freiwald's SSRN Author Page
Professor Freiwald's BePress Selected Works Page
Law Review and Journal Articles
"A Comment on James Grimmelmann's Saving Facebook," 95 Iowa Law Review Bulletin 5 (2009).
"Electronic Surveillance at the Virtual Border," 78 Mississippi Law Journal 329 (Symposium issue) (2008). [SSRN]
"Fourth Amendment Protection for Stored E-Mail," 2008 University of Chicago Legal Forum 121 (with Patricia L. Bellia). [SSRN]
"First Principles of Communications Privacy," 2007 Stanford Technology Law Review 3 (2007). [SSRN]
"The Fourth Amendment Status of Stored Email: The Law Professors' Brief in Warshak v. United States," 41 University of San Francisco Law Review 559 (2007) (with Patricia L. Bellia). [SSRN]
"Online Surveillance: Remembering the Lessons of the Wiretap Act," 56 Alabama Law Review 9 (2004). [SSRN]
"Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation," 14 Harvard Journal of Law & Technology 569 (2001). [SSRN]
"Uncertain Privacy: Communication Attributes After the Digital Telephony Act," 69 Southern California Law Review 949 (1996). [SSRN]
"Addressing the New Hazards of the High Technology Workplace," 104 Harvard Law Review 1898 (1991).
Book Note, "Generalizing Justice," 103 Harvard Law Review 1384 (1990) (reviewing Lenore Walker, Terrifying Love).
"From Survey to Sample: Labor Market Data for Interwar London," 18 Historical Method 125 (1985) (with Barry J. Eichengreen).
Briefs
Authored amicus briefs in a case involving the legal procedures under which law enforcement agents can compel cellular service providers to disclose historical records of cell sites passed by subscriber in his use of cell phone.
March 2009:
amicus brief submitted to the Third Circuit Court of Appeals (arguing that warrant required)
June 2008:
amicus brief submitted to the District Court for the Western District of Pennsylvania (same)
November 21, 2006: Authored, along with Tricia Bellia, an amicus brief for law professors of Cyberspace Law and Electronic Surveillance and submitted it to the 6th Circuit for consideration in the case of Warshak v. United States (arguing that, to comply with the Fourth Amendment, the Electronic Communications Privacy Act must be interpreted to require a probable-cause warrant before investigators may require internet service providers to turn over the contents of their subscribers’ email accounts).
June 21, 2006: Authored, along with Jennifer Granick and Lauren Gelman (Stanford clinical professors), an amicus brief for law professors of Electronic Surveillance and Constitutional Law in the case Hepting v. AT&T (brought by Electronic Frontier Foundation) (arguing that AT&T violated plaintiffs’ constitutional rights when it forwarded their communications to the NSA for surveillance)
Presentations and Lectures
Presenter, Fourth Amendment protection of cell site location information, class seminar at the Spring 2010 Law, Science and Technology Colloquium, Stanford Law School, (January 2010)
Presenter, "What a New ECPA (Electronic Communications Privacy Act) Should Regulate" and "What Protections a New ECPA Should Include and the Politics of Reform," University of Colorado Silicon Flatirons Center for Law, Technology, and Entrepreneurship conference "Reforming Internet Privacy Law", University of Colorado Law School (December 2009)
Presenter, "Electronic Communications Surveillance and the Fourth Amendment," Colloquium on Information Technology and Society series, administered by New York University’s Information Law Institute and the Department of Culture and Communication (February 2009).
Paper Commentator and Moderator, First Annual Privacy Law Scholars Conference, George Washington University (June 2008).
Presenter, "Fourth Amendment Inside the Electronic Border," Symposium: Fourth Amendment at the International Border, University of Mississippi Center for Justice and the Rule of Law in collaboration with the National Judicial College Symposium for appellate Judges on Computer Searches and Selected Fourth Amendment Issues, Oxford, Mississippi (April 2008).
Presenter, "The Right to Privacy in IT Systems in U.S. Law," 2008 Transatlantic Information Law Symposium, Stanford University (2008).
"Fourth Amendment Protection for Stored Communications," class seminar at the Spring 2008 Law, Science and Technology Colloquium at Stanford Law School, (February 2008).
"The Limits of Immunity for Third Party Content," the Santa Clara Computer and High Tech Law Journal Symposium: Internet Collaboration, Charting the Waters of Virtual Worlds, Web. 2.0 and the GPL (February 2008).
Panel Moderator, Social Control: Issues of Privacy and Autonomy, USF Law Review Symposium: The Toll Roads: The Legal and Political Debate over Net Neutrality, January 2008.
"What Fourth Amendment Protection for E-mail Means for Electronic Surveillance," the University of Chicago Legal Forum 2007 Symposium: Law in a Networked World, October 2007.
"Privacy Rights in the Electronic Age," lecture to 2007 Nebraska Judges Meeting, Lincoln, Nebraska, October 2007.
"First Principles of Communication Privacy," Stanford Law School Forum: Beyond a Physical Conception of the 4th Amendment: Search & Seizure in the Digital Age, January, 2007. [Click here for an audio recording of Professor Freiwald's presentation of her paper]
"Intermediary Liability for Defamation after the Barrett case," the Law, Science and Technology Colloquium at Stanford Law School, November 2006
"The Warshak Case and Electronic Surveillance," USF Law Review Symposium: Companies Caught in the Middle, October 2006.
"A Historical Perspective on Current Trends in Information Privacy and Security Law," the 7th Annual Institute on Privacy Law: New Developments and Compliance Issues in a Security Conscious World, sponsored by the Practicing Law Institute, June 2006.
"Third Party Liability for Online Defamation," Guest Lecture for Electronic Commerce Class at New York University School of Law (invited by Margaret Jane Radin), April 2006.
Panel Moderator, Hastings Law School Symposium: "Digital Rights Management Technologies and Digital Music, the Policy Issues," sponsored by the Hastings Communication and Entertainment Law Journal, March 2006.
"What Inhibits Congress from Reforming the Law of Online Surveillance?" the Law, Science and Technology Colloquium at Stanford Law School, December 2005.
Panel Moderator for Treble Damages and Private Remedies, at the USF Law Review Symposium: The Uncertain Future of Antitrust, October, 2005.
"Reforming Surveillance Law in a Climate of Fear," seminar class for "Property and Contract Law Go High Tech," Boalt Hall, U.C. Berkeley School of Law (invited by Pamela Samuelson and Margaret Jane Radin), October 2005.
"Third Party Liability for Online Defamation," the Law, Science and Technology Colloquium at Stanford Law School, April 2005.
Panel Moderator, Software after Copyright, Student Conference, Stanford Law School, April 2005.
"U.S. v. Councilman debate," Computers, Freedom and Privacy Conference, Seattle, WA, April 2005.
"Regulating Digital Technology in the Criminal Law: Federal Law, State Law, Federal Preemption and Overarching Policy Issues," Informational Hearing: Crime by the Digits: Digital Communication and California Criminal Law, California Senate Public Safety Committee Hearing, Santa Clara, March 2005.
"Treating Online Surveillance Like A Wiretap," Modest Proposal Conference, Cardozo Law School, February 2005.
Debate on Third Party Liability for Online Defamation, Electronic Frontier Foundation Cybersalon, San Francisco, December 2004.
"Online Surveillance," University California at Davis Law School Faculty Lunch Series, November, 2004.
"Online Surveillance and Comparative Institutional Analysis," Comparative Institutional Analysis Symposium at the University of Wisconsin School of Law, September, 2004.
"Defamation Liability for Online Intermediaries," E-commerce Class, Stanford Law School, April, 2003 and December 2003.
"Electronic Privacy after the USA Patriot Act," St. Thomas More Society Luncheon Speaker Series, January 2002.
"The Constitutionality and Necessity of Electronic Data Privacy Protections," debate with Professor Eugene Volokh, UCLA, Intellectual Property, Free Speech and Economic Rights Conference, Chapman University School of Law, April 2001.?
"A Comparative Institutional Analysis of Online Defamation," Privacy in the New Millennium Conference, Santa Clara University Law School, February, 2000.
"Cyberspace Law Overview," Reviewing the Year in Cyberspace Conference, University of San Francisco Law Review Symposium, February, 1999.
"Legal Change and the Internet; should it be Up to Congress or to the Courts to Navigate the Information Superhighway?" Academy of Legal Studies in Business Conference, August 1996.
"The Digital Telephony Law: The Uncertain Privacy of Communication Attributes," Academy of Legal Studies in Business Conference, August 1995.
Professional and Public Service
Freiwald and the Electronic Frontier Foundation testified before the United States Court of Appeals for the Third Circuit, advocating for legal limits on how the government can use cell site tracking information (February 2010). Listen to the testimony here.
