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The EARN IT Act Is Unconstitutional. First Up, the First Amendment.

The disastrous EARN IT Act bill is coming up for a hearing Wednesday morning in the Senate Judiciary Committee, where it’s been introduced as Senate bill S. 3398 (though, at this time, still no bill text – see here for that). In advance of that hearing, I have a few thoughts that go beyond my usual angle (encryption) to discuss the bill’s serious constitutional defects. Read more about The EARN IT Act Is Unconstitutional. First Up, the First Amendment.

Twisted Tracking Law Precedent Badly Needs Straightening Out

On December 16, 2019 the Supreme Court denied cert in Ackies v. United States, the ‘precise location’ warrant case from the First Circuit. For reasons I outlined here and here, that appellate court decision was a train wreck of factual misconception and statutory misconstruction. Read more about Twisted Tracking Law Precedent Badly Needs Straightening Out

Intermediary Liability 101: An Update for 2020

I've had a lot of positive feedback for the Intermediary Liability 101 slides I shared back in 2018, so I thought I'd post these updated ones now. They are based on a deck I presented to a European policymaking audience last month. Their focus tilts toward European examples -- but many of the issues captured here are universal. This version also has a longer section toward the end listing emerging issues and ideas (again, with a European lens).  Read more about Intermediary Liability 101: An Update for 2020

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