Here is some of my writing. Listed first are my books, then published journal articles, and below that are op-eds and magazine pieces.
- Copyright Unbalanced: From Incentive to Excess
Mercatus Center at George Mason University (2012).
- Regulation: A Primer
Mercatus Center at George Mason University (2012). With Susan Dudley.
- Loving the Cyber Bomb? The Dangers of Threat Inflation in Cybersecurity Policy
3 Harvard National Security Journal 39 (2011). With Tate Watkins.
- Running for Cover: The BRAC Commission as a Model for Federal Spending Reform
9 Georgetown Journal of Law & Public Policy 131 (2010).
- Transparency and Performance in Government
11 North Carolina Journal of Law & Tech. 161 (2010). With Drew Perraut.
- All Your Data Are Belong to Us: Liberating Government Data
Open Government (Daniel Lathrop & Laurel Ruma, eds., O’Reilly 2010)
- Midnight Regulations and Regulatory Review
61 Administrative Law Review 163 (2009). With Veronique de Rugy.
- Toward a More Perfect Union: Regulatory Analysis and Performance Management
8 Florida State Business Law Review 1 (2009).With Jerry Ellig.
- Hack, Mash & Peer: Crowdsourcing Government Transparency
9 Columbia Science & Technology Law Review 119 (2008).
- A Tale of Two Commissions: Net Neutrality and Regulatory Analysis
16 CommLaw Conspectus 1 (2007). With Jerry Ellig.
- Growth in Regulation Slows: An Analysis of the U.S. Budget for Fiscal Years 2007 and 2008
The 29th Annual Regulators’ Budget Report. With Melinda Warren. June 2007.
- Sending out an S.O.S.: Public Safety Communications Interoperability as a Collective Action Problem
59 Federal Communications Law Journal 3 (2007).
- Video Killed the Franchise Star: The Consumer Cost of Cable Franchising and Policy Alternatives
5 Journal on Telecomm. & High Tech. Law 199 (2006). With Jerry Ellig.
- The Spectrum Commons in Theory and Practice
2007 Stanford Technology Law Review 1 (2007).
- An Orphan Works Affirmative Defense to Copyright Infringement Actions
12 Michigan Telecomm. & Tech. Law Review 75 (2005). With Bridget Dooling.
- Relax, Don’t Do It: Why RFID Privacy Concerns Are Exaggerated and Legislation Is Premature
2004 UCLA Journal of Law & Technology 5 (2004).
- Much Ado about Nothing: The Effects of the Post-Enactment Acquisition Rule in Palazzolo v. Rhode Island
14 Federal Circuit Bar Journal 543 (2005).
- Free WiFi for the masses? Not so fast, Washington Examiner, February 8, 2013.
- Aaron Swartz: The Punishment Did Not Fit the Crime, Reason, January 31, 2013.
- What's Wrong With a Copyright Alert System?, Reason, January 4, 2013.
- Measured Response to a Limited Threat, The New York Times, October 17, 2012.
- Debate: This house believes that a hyperconnected world is more rather than less secure., The Economist, June 26, 2012.
- A Note to Congress: The United Nations Isn’t a Serious Threat to Internet Freedom—But You Are, The Atlantic, June 19, 2012. With Adam Thierer.
- A Shift Toward Digital Currency, New York Times, April 4, 2012.
- Cyberwar Is the New Yellowcake, Wired, February 14, 2012. With Tate M. Watkins.
- The Cybersecurity-Industrial Complex, Reason, August/September 2011. With Tate M. Watkins.
- BRAC the federal budget: Fiscal commission needs real power to cut programs, The Washington Times, May 28, 2010.
- Cyberattacks: Washington is hyping the threat to justify regulating the Internet, Christian Science Monitor, April 29, 2010. With Tate M. Watkins.
- Information Trickles Up, Local Knowledge, September, 2009. With Daniel M. Rotshchild
- Why pay millions of dollars to defense contractor to build Recovery.gov?, The Washington Examiner, July 10, 2009.
- An Accountability Agenda, Regulation, Winter 2008. With Jerry Ellig.
- OIRA at Midnight, Regulation, Fall 2008. With Patrick McLaughlin.
- Can Congress tweet? Should bloggers care?, Ars Technica, July 28, 2008.
- Improving Government Transparency Online, The Public Manager, Spring 2008.
- Put more government data online, The Des Moines Register, January 8, 2008.
- Transparency, Regulation, Winter 2008. With Mark Adams.
- Considering Net Neutrality, Regulation, Fall 2007. With Jerry Ellig.
- Regulators’ Budget, Regulation, Fall 2007. With Melinda Warren.
- Net Neutrality: Where’s the Beef?, Tech Central Station, July 24, 2007.
- Failure to Communicate, The Wall Street Journal, March 27, 2007.
- Think Diffident, The American, January 23, 2007.
- Public Safety Interoperability, Regulation, Fall 2006.
- Will Broadband Kill the Broadcast Star?, Tech Central Station, September 6, 2006.
- Public Nuisance: The Costs of Giving Everyone A Say on Cable Television, Doublethink, Fall 2006.
- Who’s your daddy?, The Wall Street Journal, March 25, 2006. With Bridget Dooling.
- Spectrum commons, Regulation, Spring 2006.
- Orphan works, Regulation, Winter 2005.
- Competing with piracy, Brainwash, October 16, 2005.
- The Castro generation, Doublethink, Winter 2005.
- “Free Culture,” free book, Brainwash, April 11, 2004.