Joseph A. Tomain

Joseph A. Tomain

Lecturer; Senior Fellow, Center for Applied Cybersecurity Research

  • B.A., University of Notre Dame 1998
  • J.D, University of Notre Dame 2001

Joseph A. Tomain is a lecturer at the Maurer School of Law, where he teaches Information Privacy Law I and II and Internet Law. Tomain has extensive experience in practice, teaching, and scholarship on free speech rights, particularly in online environments. He is also a senior fellow at the Center for Applied Cybersecurity Research, where his contributions include examining the relationship, and often competing interests, between speech and privacy rights, as well as the cybersecurity implications that must be considered when analyzing online privacy.

Tomain's practical experience includes serving as a senior associate in the litigation department at Frost Brown Todd, with an emphasis on media law; and providing in-house legal services to a major media company as senior media counsel. His academic experience includes serving as a visiting assistant professor at the University of Louisville Brandeis School of Law, an associate professor at Florida Costal School of Law, and an adjunct faculty member at Georgia State University College of Law and the University of Georgia School of Law. He has taught Contracts, Media Law, Intellectual Property, Internet Law, and Information Privacy Law. His articles have been published in the Drake Law Review, Michigan State Law Review, and University of Cincinnati Law Review.

Currently, Tomain is a member of training and development committee for the ABA's Forum on Communications Law. Previously, he served as chair of the Ohio State Bar Association's media law committee. His civic contributions include serving as a team leader for HeadCount, a non-profit, non-partisan voter registration organization, and as president of the Notre Dame Club of Cincinnati.

Tomain received his undergraduate degree in government and international relations at the University of Notre Dame, and his JD, cum laude, at the University of Notre Dame Law School.

In the media
Selected Works
  • Big Data and the Fourth Estate: Protecting the Development of News Media Monitoring Databases,12 Bus. & Tech. L. 53 (2016).
  • Online Privacy and the First Amendment: An Opt-In Approach to Data Processing, 83 U. Cin. L. Rev. 1 (2014).
  • Advancing Technology and Aging Democracyin FREE SPEECH IN AN INTERNET ERA (C.P Walker and R.L. Weaver, Eds.). Durham, NC: Carolina Academic Press, 2013.
  • First Amendment, Fourth Estate, and Hot News: Misappropriation Is Not a Solution To The Journalism Crisis, 2012 Mich. St. L. Rev. 769 (2012).
  • Cyberspace is Outside the Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, 59 Drake L. Rev. 97 (2010).
  • First Amendment
  • Free speech
  • Media law
  • Internet law
  • Privacy law