Professor Mailyn Fidler

Mailyn Fidler

Assistant Professor
Phone: (603) 513-5102
Office: UNHL JD Instruction, 2 White Street, Concord, NH 03301
Websites:

Mailyn Fidler is an Assistant Professor of Law at the University of New Hampshire Franklin Pierce School of Law. Fidler is a scholar of cybersecurity and cybercrime law. She is an expert on the Fourth Amendment and changing technology as well as domestic and international regulatory approaches to cybersecurity and cybercrime. Her work also analyzes ways that criminalization intersects with the regulation of online speech.

Fidler received her B.A. with Honors in Science, Technology, and Society from Stanford University and her MPhil in International Relations from Oxford University, where she was a Marshall Scholar. After completing a fellowship at the Berkman Klein Center for Internet & Society at Harvard University, she received her JD from Yale Law School. After law school, she served as the Technology and First Amendment Fellow with the Reporters Committee for Freedom of the Press. She also clerked for The Honorable Robert Bacharach on the Tenth Circuit Court of Appeals. She previously taught at the University of Nebraska College of Law.

Courses Taught

  • LCR 905: Criminal Law
  • LCR 906: Crim Procedure: Investigation
  • LCR 914: CyberCrime
  • LRS 905: Independent Study
  • LSK 960: Law Journal Staff

Education

  • J.D., Yale Law School
  • M.Phil., International Relations, Oxford Univ-Eng

Research Interests

  • Criminal Law
  • Computer Technology
  • Cybercrime
  • Free Speech/Freedom of Speech

Selected Publications

  • Zero Progress on Zero Days: How the Last Ten Years Created the Modern Spyware Market (2024).

  • Fidler, M., & Hurwitz, G. (2024). Facial Recognition Technology in the United States. In Facial Recognition Technologies: Legal, Social, and Policy Perspectives. Cambridge University Press.

  • Fidler, M. (2024). African Data Protection Laws: Politics, But as Usual. In African Data Protection Laws Regulation, Policy, and Practice (Vol. 3). De Gruyter.

  • Fidler, M. (2023). Infrastructure, Law, and Cyber Instability: An African Case Study. In R. Chesney, J. Shires, & M. Smeets (Eds.), Cyberspace and Instability. EUP.

  • Fidler, M. (2023). Warranted Exclusion: A Case for a Fourth Amendment Built on the Right to Exclude. SMU Law Review, 76(2), 315. doi:10.25172/smulr.76.2.5

  • Fidler, M. (2021). The New Editors: Refining First Amendment Protections for Internet Platforms. Notre Dame J. on Emerging Tech., 2(2), 241.

  • Fidler, M. (2020). Local Police Surveillance and the Administrative Fourth Amendment. Santa Clara High Technology Law Journal, 36(5), 481.

  • Fidler, M. (2020). First Amendment Sentence Mitigation: Beyond a Public Accountability Defense for Whistleblowers. Harvard National Security Journal, 11, 214.

  • Fidler, M. (2015). Regulating the Zero-Day Vulnerability Trade: A Preliminary Analysis. J.L. & Pol'y for Info. Soc'y, 11, 405.

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