Smolla's Liability for Massive Onlike Leaks (1150 words)

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Critical Essay

Summary of Assignment: This ~5 pages (1100-1200 words) essay is an exercise in exposition and critique. You will be asked to clearly present an argument that has been defended in an article assigned in the course (you may choose an article we have already covered or look forward to upcoming readings from later in the course). Next you will critique the argument or principle that you have presented.

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On the face of it, Rodney Smolla’s “Liability for Massive Online Leaks of National Defense Information” (2013) does not appear to make any strong, positive claim regarding the liability for leaks of highly sensitive government information. Much of the paper appears to be devoted to laying the groundwork for, and presenting a means by which, liability for leaks may be understood. However, as will be critiqued in the next section, it is this very framework for understanding liability for leaks which constitutes Smolla’s case. More specifically, the assumptions Smolla makes in constructing this framework, as well as its very form, represent a very particular—and, I think, highly contentious...

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