Justin (Gus) Hurwitz

Professor Gus Hurwitz

Justin (Gus) Hurwitz Assistant Professor of Law

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Biography

Professor Justin (Gus) Hurwitz joined the College of Law faculty in 2013. His work builds on his background in law, technology, and economics to consider the interface between law and technology and the role of regulation in high-tech industries. He has a particular expertise in telecommunications law and technology, including data- and cybersecurity, and was recognized as a Cyber Security & Data Privacy Trailblazer by the National Law Journal. His work has appeared in the George Mason University, University of Iowa, Michigan State University, University of Pennsylvania, University of Pittsburgh, and other law review and journals.

Professor Hurwitz previously was the inaugural Research Fellow at the University of Pennsylvania Law School’s Center for Technology, Innovation and Competition (CTIC), prior to which he was a Visiting Assistant Professor at George Mason University Law School. From 2007–2010 he was a Trial Attorney with the United States Department of Justice Antitrust Division in the Telecommunications and Media Enforcement Section.

Professor Hurwitz has a background in technology having worked at Los Alamos National Lab and interned at the Naval Research Lab prior to law school. During this time his work was recognized by organizations such as the Federal Laboratory Consortium, R&D Magazine, Los Alamos National Lab, IEEE & ACM, and the Corporation for Education Network Initiatives in California. In addition, he held an Internet2 Land Speed World Record with the Guinness Book of World Records.

Professor Hurwitz received his JD from the University of Chicago Law School, where he was an articles editor on the Chicago Journal of International Law and received Olin and MVP2 law and economics scholarships. He also holds an MA in Economics from George Mason University. He received his BA from St. John’s College.

Courses

Cyberlaw Law 681/G (2 cr hr)
This course will explore a range of legal issues in cyber domain, including cyber security, privacy, network ownership and access, private versus public regulation of cyberspace, speech in cyberspace, content as property and intellectual property in cyberspace, jurisdiction over cyberspace activities, liability of intermediaries, state and local regulation of cyberspace, and the interrelationship between technology and law as mechanisms of regulation. The course will include two class sessions with guest lecturers from the Washington, D.C. legal and policy community. This course is available to online LL.M. students.

Domestic Telecommunications Law Law 726/G (3 cr hr)
This course addresses the legal framework applied in the United States to telecommunications and media, including the Internet, landline telephone, broadcast radio and television, cable television, and mobile technologies. We focus somewhat on Internet regulatory issues and the Federal Communications Commission. The course explores a range of factors affecting current law, including economic, technological, and speech concerns. The course also explores a range of laws that have shaped these media, including regulatory policy, statutes, and First Amendment doctrine. We discuss very recent and evolving law, and therefore focus on principles underlying the law as much as the law itself. This course is available to online LL.M. students.

Law and Economics Law 693/G (3 cr hr)
The application of economic principles to problems of legal interpretation and policy. The course gives students the necessary economic background for substantive courses in such areas as antitrust, regulated industries, and environmental law and also demonstrates the power of economic analysis when applied to problems in such diverse areas as contracts, property, torts, criminal law, family law, corporations, taxation, securities, procedure, and constitutional law. Grades will primarily be based on one final exam.

Principles of Regulation Law 668/G (3 cr hr)
We live in a regulatory state – all lawyers address regulatory issues throughout their professional and personal lives. Day-to-day personal and business activities are governed by rules created by lawyers working for local, state, and federal entities. Private-sector lawyers work with these public entities on behalf of their clients. Private parties self-regulate (e.g., ABA regulation of lawyers; corporate governance; industry self-regulation). Beyond the practice of law, modern political discourse is dominated by discussion about regulation. As members of the legal profession, lawyers play a vital role in this discourse, informing and shaping the opinions of colleagues, friends, and families – in addition to those of policymakers – about whether and how regulatory intervention is beneficial to society. This course examines the principles of regulation that run through all of these contexts, considering what it means to regulate, why we regulate, and how we regulate. It focuses on the myriad tensions and contradictions often inherent in regulation, to equip students with critical analytical tools needed in today’s legal, political, and business environment.

Articles

Blacklining Editorial Privilege,  Michigan Telecom. & Tech. L. Rev. (forthcoming 2016)

Data Security and the FTC's UnCommon Law,  101 Iowa L. Rev. 955 (2016)

The Practical Power of the Commission's UMC Statement,  11 Antitrust Chronicle (Nov. 30, 2015)

Net Neutrality: Something Old; Something New,  2015 MSU L. Rev. 665 (2015)

Debatable Premises in Telecom Policy,  31 J. Info. Tech., & Priv. L. 453 (2015) (with Roslyn Layton)

Chevron and the Limits of Administrative Antitrust,   U. Pitt. L. Rev., (forthcoming 2014)

Administrative Antitrust,  21 GMU L. Rev., (forthcoming 2014)

Trust and Online Interaction,  161 U. Pa. L. Rev. 1579, (2013)

Indexing Health Insurance Premiums to Marginal Health Status: A Spoonful of Economics Helps the Premiums go Down,  12 Depaul J. Health Care L. 43 (2009)

The Value of Patents in Industry Standards: Avoiding License Arbitrage with Voluntary Negotiation,  36 AM. Intel. Prop. L. Ass’n. Q.J. 1 (2008)

Network Neutrality and Neighbor Billing,  11 VA. J.L. & Tech. 9 (2006)

Analysing MPI Performance over 10-gigabit Ethernet.  65 J. Parallel and Distributed Computing 1253 (2005), with Wu-chun Feng, Peer-reviewed Research Note

End-to-End Performance of 10-Gigabit Ethernet on Commodity Systems,  24 IEEE Micro 10 (2004) with Wu-chun Feng, Invited Article

High Performance Wide Area Network Testbed: Experiences and Results,  Proc. Conf. for High Energy Physics (2003), Les Cottrell, et al. [first author, second line], Peer-reviewed Paper

Books

Book Chapters

Satellite Harmful Interference: A US Perspective, Harmful Interference in Regulatory Perspective: Legal rules for interference-free radio communication (Mahulena Hoffman, ed., Ashgate 2016)

Presentations

Innovation and the Open Internet, Michigan State Law Review Symposium on "Public Domain(s): Law and Generating Knowledge and Innovation in the Information Economy" Michigan State University, MI (October 2014)

The FTC's UnCommon Law of Data Security, Telecommunications Policy Research Conference, George Mason University School of Law, Arlington, VA (September 2014)

Debatable Premises in Telecom Policy Debates, Telecommunications Policy Research Conference, George Mason University School of Law, Arlington, VA (September 2014)

The FTC's UnCommon Law of Data Security, Intellectual Property Scholars Conference, UC Berkeley Law School, Berkeley, CA (August 2014)

Satellite Harmful Interference: A U.S. Telecom Perspective, 3rd Luxembourg Workshop on Satellite Communication, University of Luxembourg (June 5-6, 2014)

Debatable Premises in Telecom Policy Debates, Penn State IIP/FCC Workshop on 'The Future of Broadband Regulation," Federal Communications Commission, Washington DC (May 2014)

Panelist, Advisory Committee to the Congressional Internet Caucus, The FCC;s Grand Internet Plans: "The Open Internet" and Massive Mobile Spectrum Auctions: What Do you Need to Know?, Washington DC (May 16, 2014)

The FTC's UnCommon Law of Data Security, GMU LEC Public Policy Conference on "The Future of Privacy and Data Security Regulation," GMU School of Law, Arlington, VA (May 14, 2014)

The Legal Dimension of Hearbleed, STRATCOM Fellows Day, UNL College of Law, Lincoln, NE (May 5, 2014)

Panelist, A New FCC and a New Communications Act: Aligning Communications Policy with Marketplace Realities, Free State Foundation, Washington, DC (Mar 18, 2014)

Panelist, Panel on Section 5 Policy, GMU LEC & Law Review Symposium on “The FTC: 100 Years of Antitrust and Competition Policy,” George Mason University School of Law, Arlington, VA (Feb 13, 2014)

Panelist, Tech policy 2014: The year ahead, American Enterprise Institute (Jan 17, 2014)

Panelist and Organizer, FTC Reform Project, TechFreedom and International Center for Law and Economics, Washington, DC (Dec 17, 2013)

Commentator, Book Symposium on Christopher Yoo, The Dynamic Internet, University of Pennsylvania Law School, Philadelphia, PA (Dec 9, 2013)

Moderator and Organizer, Panel on 100 Years of Kingsbury: Regulation v. Market Based Mechanisms, 6th Annual Lincoln Space and Cyber Law DC Conference, Washington, DC (Nov 5–6, 2013

Computer Science and the Law Roundtable, Participant & Presenter, University of Pennsylvania Law School, Philadelphia, PA (June 24–25, 2013)

Standard-Setting Organizations and Standard-Essential Patents Roundtable, Invited Participant, Center for the Protection of Intellectual Property, George Mason University Law School, Fairfax, VA (June 10, 2013)

Understanding Entrepreneurship: On IP, Culture and Innovation Environments, Moderator, Panel on Internet and Entrepreneurship, Conference, Bar-Ilan University, Faculty of Law, Tel Aviv Israel (May 20–21, 2013)

Radio Frequency Interference: A Growing Problem in Need of Further Legal Solutions?, Commentator, 7th Annual Lincoln Space and Cyber Law Conference, University of Nebraska College of Law (May 2, 2013)

The Value of Ultra-Fast Broadband, Moderator, Conference on “From Monopoly to Competition or Competition to Monopoly? U.S. Broadband Markets in 2013,” Information Economy Project, George Mason University Law School, Fairfax, VA (April 19, 2013)

Patented Inventions and Promoting Innovation, Center for the Protection of Intellectual Property Invited Participant, Roundtable Discussion, Half Moon Bay, CA (March 7–8, 2013)

Public Choice Economics Workshop Participant, George Mason University Law & Economics Center, Captiva, FL (January 25–28, 2013)

Trust and Online Interaction as Verifiable but Non-Observable Conduct, Presenter, University of Pennsylvania Law Review Symposium on “The Evolving Internet,” University of Pennsylvania Law School, Philadelphia, PA (Oct. 19–20, 2012)

The Internet’s Potential: Law, Tech, and Trust, Big Ideas@Penn, Presenter, University of Pennsylvania, Philadelphia, PA (Sept. 19, 2012)

Privacy in the Cloud Panel Moderator, Conference on “Cloud Computing: Economic and Regulatory Implications,” CTIC, University of Pennsylvania Law School, Philadelphia, PA (Feb. 24, 2012)

Governance of Social Media Workshop, Invited Participant, Georgetown University Law Center, Washington, DC (Nov 11–12, 2011)

The Law and Economics of Search Engines and Online Advertising Research Roundtable Discussant, George Mason University School of Law, Arlington, VA (November 3-4, 2011)

Natural Law and Property Rights in American Private Law Colloquium, Discussant, sponsored by the Liberty Fund and the Federalist Society, Denver, CO (August 12–13, 2011)

Antitrust Implications of Competition without Equilibrium in Multisided Markets, Second Workshop for Junior Researchers on the Law & Economics of Intellectual Property and Competition Law, International Max Planck Research School for Competition and Innovation Swiss Federal Institute of Technology Zurich, Kreuth, Germany (June 6, 2011

Will the FCC or the Justice Department Be Tougher on the AT&T/T-Mobile Merger? Panelist, Broadband Breakfast, Washington, DC (May 17, 2011), available at http://broadbandbreakfast.com/ 2011/05/may-broadband-breakfast-explores-attt-mobile-merger/

Substantive Lessons from the Common Law: Lessons from Tort Law Panel, Moderator, Conference on “Intellectual Property and the Common Law,” CTIC, University of Pennsylvania Law School, Philadelphia, PA (May 6, 2011)

Antitrust Implications of Competition without Equilibrium in Multisided Markets, Robert A. Levy Workshop in Law & Liberty, George Mason University School of Law, Arlington, VA (Feb. 24, 2011)

Awards

Cyber Security & Data Privacy Trailblazer,  National Law Journal (2015)

Symposium Scholar,  University of Pennsylvania Law Review (2012)

Recognition for Contributions to Legal Scholarship,  US Department of Justice Libraries (2010)

Swope Antitrust Writing Competition,  Jones Day (2007)

Excellence in Technology Transfer,  Federal Lab Consortium (2005) (as member of RADIANT Team)

R&D 100, Award for technologically significant innovation,  R&D Magazine (2004) (as member of RADIANT Team)

Recognition for 10GbE Innovations,  Los Alamos Awards Program (2004) (as member of RADIANT Team)

SuperComputing Bandwidth Challenge, Sustained Bandwith Award,  IEEE & ACM (2003) (as members of RADIANT Team)

Internet2 Land Speed Record,  Guinness Book of World Records (2003) (as member of RADIANT Team)

Recognition for Internet2 Work,  Los Alamos Awards Program (2003) (as member of RADIANT Team)

On the Road to Ten Gigabit: Biggest, Fastest in the West,  CENIC (2003) (as member of RADIANT Team)

Internet2 Law Speed Record, Single Stream Class,  Internet2 consortium (2003) (as member of RADIANT Team)

Internet2 Land Speed Record, Multiple Stream Class,  Internet2 consortium (2003) (as member of RADIANT Team)

Media

Tim Cook's Bad Apple,  Wall Street Journal (Feb. 21, 2016)

Obamanet Heads to Court  Wall Street Journal (Aug. 15, 2015)

Outsourcing Notice to Vogons,  This Week in Law (Jul. 10, 2015)

T-Mobile could soon belong to DISH  Washington Post (2015)

Just Don't Touch Music, Man  This Week in Law (2015)

A Death Knell for Aereo?  Wall Street Journal Lawblog (2014)

The FCC’s Grand Internet Plans: “The Open Internet” and Massive Mobile Spectrum Auctions: What Do You Need to Know?  CSPAN2 (2014)

A New FCC and a New Communications Act: Aligning Communications Policy with Marketplace Realities  CSPAN2 (2014)

Other

Regular Contributor to TechPolicyDaily.com  

Comments of Free State Foundation Scholars in Response to Questions in the Fourth White Paper, ‘Network Interconnection’, submitted to House Energy and Commerce Committee (Aug 8) (contributor, with Randolph J. May, Seth L. Cooper, Richard A. Epstein, Dani  

Regulation, Competition, and Online Video, Testimony before the U.S. Senate Committee on Commerce, Science, and Transportation hearing on “At a Tipping Point: Consumer Choice, Consolidation and the Future Video Marketplace,”  United States Senate, Washington DC, (July 16, 2014)

Net Neutrality Regulation in the United States: An Overview, Keynote address German Federal Ministry for Economic Affairs and Energy Conference on “Net Neutrality in the light of recent developments in Europe and the US,”  German Federal Ministry for Economic Affairs and Energy, Berlin, Germany, (July 3, 2014)

Comments of Free State Foundation Scholars in Response to Questions in the Third White Paper, ‘Competition Policy and the Role of the Federal Communications Commission’, submitted to House Energy and Commerce Committee (June 13) (contributor, with Randolp  

Comments of Free State Foundation Scholars in Response to Questions in the Second White Paper, ‘Modernizing U.S. Spectrum Policy’, submitted to House Energy and Commerce Committee (April 25, 2014) (principle author, with Randolph May, Michelle P. Connolly  

Comments of American Enterprise Institute Scholars on Communications Act Modernization, submitted to House Energy and Commerce Committee (Jan 31, 2014) (principle author, with Richard Bennett, Jeffrey A. Eisenach, James K. Glassman, Bronwyn E. Howell, Ros  

Comments of Free State Foundation Scholars in Response to Questions in the First White Paper, 'Modernizing the Communications Act', submitted to House Energy and Commerce Committee (Jan 31, 2014) (contributor, with Randolph J. May, Richard A. Epstein, Dan  

Consumer Protection & Competition Regulation in a High Tech World: Discussing the Future of the Federal Trade Commission, Report of TechFreedom and ICLE FTC Reform Working Group (Dec 16, 2013) (principle co-author, with Berin Szoka and Geoff Manne).  

Signatory on and contributor to Amici Curiae Brief Of TechFreedom, International Center For Law And Economics & Consumer Protection Scholars, filed in FTC v. Wyndham Corp. (filed May 2, 2013).  

Education

J.D., 2007, University of Chicago Law School
M.A., Economics, 2011, George Mason University
B.A., 2003, St. John's College, Annapolis, MD & Santa Fe, NM

Areas of Expertise

Appointments

Assistant Professor of Law, 2013