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Mailyn Fidler is an Assistant Professor of Law at the University of New Hampshire Franklin Pierce School of Law. Fidler’s scholarship focuses on the intersection of criminal law, technology, and speech. She is an expert on the Fourth Amendment and changing technology. In broader criminal law, she writes about often overlooked aspects of criminal proceedings, including jury nullification, sentence mitigation, and allocution. Her work also analyzes ways that criminalization intersects with regulation of speech, including on the Internet. She is also an expert on international cybersecurity and cybercrime regulations, with a particular focus on Africa. Outside of criminal law, she also studies the way that legal regimes governing intellectual property, speech, and secrecy intersect.

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, where she was a student director for an impact litigation clinic. After law school, she continued her work in impact litigation 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.


Publications

Publication
Sep 13, 2017

Cross-Border Data Access Reform

A Primer on the Proposed U.S.-U.K. Agreement

A brief primer on how cross-border data access requests currently work, options for reform, and major challenges to reform ahead.


Community

Lawfare

Four Obstacles to Local Surveillance Ordinances

Why local ordinances against police surveillance fail in some cities but not others

Sep 4, 2020
Just Security

Conscientious Objectors and Whistleblowers

Sentencing Should Recognize First Amendment Interests

Mailyn Fidler writes about First Amendment interests in a recent case regarding whistleblowing.

Oct 18, 2018