The European Commission is evaluating a proposal by the largest telecoms in Europe to force websites and apps to pay broadband companies like Telefonica, Orange, and Deutsche Telekom. This dangerous proposal would require companies like Twitch, YouTube, Netflix and more to negotiate with and pay every broadband provider in Europe. Read more about European Commission proposal to force websites to pay ISPs violates net neutrality, harms Europeans, and solves no problems: Prof. Barbara van Schewick Filing

Beliefs and expectations about what data platforms have at their fingertips vary wildly. That is about to matter a great deal, once new rules in the EU allowing researchers to access data held by platforms come into effect. Relationships between researchers, platforms, and regulators are likely to be very bumpy — and important research is likely to be delayed — until expectations become more aligned.  Read more about Some Practical Postulates About Platform Data

This is the latest entry in my lengthy archive of writing, talks, and interviews about the EARN IT Act: Read more about Academics’ Letter to Congressional Leaders Highlights the EARN IT Act’s Fourth Amendment Problem

A new article, written in 2022 and published in 2023 -- with pictures!

The article asks a leading AI tool for image generation to illustrate the facts of a leading law school case. It introduces machine learning generally, summarizes the seminal case of Palsgraf v. Long Island Railroad, presents images that the tool created based on the facts as the majority and dissent recount them, and then translates this exercise into lessons for how lawyers and the law should think about AI. Read more about DALL-E Does Palsgraf