Tool Without A Handle: Taking Space Seriously

As I’ve been writing about networked information technologies as “tools,” it’s worth reiterating that metaphors of space are not entirely without value, including in areas of the law that derive from laws relating to real property.  Having noted in multiple prior posts the weaknesses of spatial metaphors, here I discuss some of their common applications in ways that are productive.  There are two particular applications of the physical space metaphor to online platforms and services that are interesting:

1) Content moderation questions - including vetting of advertisers and user-submitted content;

2) Data Rights questions - if content is posted is it free to copy?  To commercialize?

Academics Recommend to Drop Filtering Obligations from the EU Copyright Reform

As you might have noticed, there is a lot of activism on the copyright/intermediary liability side in Europe at the moment. Hence, I'm here announcing another opinion that I have co-drafted with an amazing team of scholars, including Martin Senftleben (lead author), Christina Angelopoulos, Valentina Moscon, Miquel Peguera and Ole Rognstad, and has been endorsed by more than sixty other academics so far:

A Response to “Responsible Encryption”

On October 10, Deputy Attorney General Rod Rosenstein gave a speech at the U.S. Naval Academy about encryption. I have a lot to say about his remarks, so this will be a long post. Much of Rosenstein’s speech recycled the same old chestnuts that law enforcement’s been repeating about crypto for years. I’m happy to roast those chestnuts.


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