Alan Rozenshtein

Alan Rozenshtein

  • Associate Professor of Law
338 Mondale Hall

Degrees

  • Harvard University, A.B.
  • Harvard Law School, J.D.

Expertise

  • Cybersecurity
  • Fourth Amendment
  • National Security

Professor Alan Z. Rozenshtein joined the Law School as a visiting professor in 2017 and, in summer 2019, continued as an Associate Professor of Law. He is a senior editor at Lawfare, a term member of the Council on Foreign Relations, a member of the Scholars Strategy Network, and a visiting faculty fellow at the University of Nebraska College of Law. He was previously an affiliate with the Berkman Klein Center for Internet and Society at Harvard University.

From Oct. 2014 to April 2017, he served as an attorney advisor in the Office of Law and Policy in the National Security Division of the U.S. Department of Justice, where his work focused on operational, legal, and policy issues relating to cybersecurity and foreign intelligence. From October 2016 to April 2017, he served as a special assistant United States attorney for the District of Maryland. During this time he taught cybersecurity at Georgetown Law.

Before joining the Justice Department, Professor Rozenshtein clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the 4th Circuit. While attending Harvard Law School, he was a Heyman Fellow, served as articles editor for the Harvard Law Review, and was a contributor to Lawfare. Prior to attending law school, he studied philosophy at Balliol College, University of Oxford.

Artificial Intelligence and the Law


Law Review: Research & Writing


Journal of Law, Science and Technology: Research and Writing


Constitutional Law: Federalism and Separation of Powers


Criminal Procedure: Investigation


Legislation and Regulation - 1L


Legislation and Regulation


Law Review Editors


Minnesota Journal of Law, Science, and Technology Editor


Journal Articles

Interpreting the Ambiguities of Section 230, 41 Yale Journal on Regulation Bulletin 60 (2024)
Moderating the Fediverse: Content Moderation on Distributed Social Media, 3 Journal of Free Speech Law 217 (2023)
The Virtuous Executive, 108 Minnesota Law Review 605 (2023)
January 6, Ambiguously Inciting Speech, and the Over-Acts Rule, 37 Constitutional Commentary 275 (2022)
(with
Jed Handelsman Shugerman
)
Digital Disease Surveillance, 70 American University Law Review 1511 (2021)
Silicon Valley's Speech: Technology Giants and the Deregulatory First Amendment. 1 Journal of Free Speech Law 337 (2021)
Fourth Amendment Reasonableness After Carpenter, 128 Yale Law Journal Forum 943 (2019)
Wicked Crypto, 9 UC Irvine Law Review 1181 (2019)
Surveillance Intermediaries, 70 Stanford Law Review 99 (2018)
Recent Legislation, National Defense Authorization Act for Fiscal Year 2012, 125 Harvard Law Review 1876 (2012)

Book Reviews

Book Review, International Journal of Constitutional Law (published online Jan. 11, 2024) (reviewing Martha Minow, Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech (Oxford University Press,  2021))zor
Cost-Benefit Analysis and the Digital Fourth Amendment, 40 Criminal Justice Ethics 75 (2021) (review essay) (reviewing Ric Simmons, Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century (Cambridge University Press, 2019))

Other Publications

Beyond the Editorial Analogy: The Future of the First Amendment on the Internet, 67 Communications of the ACM 36 (Dec. 21, 2023)
(with
Kyle Langvardt
)
The First Amendment Is No Defense for Trump’s Alleged Crimes, The Atlantic, Aug. 15, 2023
The Prosecution of Trump Runs Into Some Serious First Amendment Troubles, The Atlantic, Dec. 20, 2022
(with
Jed Shugerman
)
Trends in Ransomware Attacks on US Hospitals, Clinics, and Other Health Care Delivery Organizations, 2016-2021, 3 JAMA Health Forum e224873 (2022)
(with
Hannah T. Neprash et al.
)
The Case for Prosecuting Donald Trump, Persuasion, Aug. 31, 2022
(with
Jed Shugerman
)
The Great Liberal Reckoning Has Begun: The Death of Justice Ruth Bader Ginsburg Concludes an Era of Faith in Courts as Partners in the Fight for Progress and Equality, The Atlantic, Sept. 22, 2020