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Platform Content Regulation – Some Models and Their Problems

Lawmakers today are increasingly focused on their options for regulating the content we see on online platforms. I described several ambitious regulatory models for doing that in my recent paper, Who Do You Sue? State and Platform Hybrid Power Over Online Speech. This blog post excerpts that discussion, and sketches out potential legal regimes to address major platforms’ function as de facto gatekeepers of online speech and information. Read more about Platform Content Regulation – Some Models and Their Problems

Prominent security pros enter the 'Right to Repair' debate

I'm pleased to be part of the inaugural group of security professionals standing up for the rights of technology owners to repair, re-use, fix, modify, and enhance the many modern products they buy, use, and depend on for work and personal use.  Securepairs.Org is our voice on this critical architecture and public policy item, which has cybersecurity, operational, and resiliency considerations for every technology user. Read more about Prominent security pros enter the 'Right to Repair' debate

Restoring Net Neutrality Protections: An Analysis of H.R. 1096 vs. H.R. 1644

The following is the executive summary of an analysis I wrote looking at two bills in the House, both of which purport to restore the net neutrality protections in the 2015 Open Internet Order. Only one actually does so. The full six-page analysis can be downloaded here. (.pdf) Read more about Restoring Net Neutrality Protections: An Analysis of H.R. 1096 vs. H.R. 1644

Comments on the California Consumer Privacy Act (CCPA)

In collaboration with CIS Visiting Research Scholar Jana Gooth, we have (belatedly) submitted comments to the California Attorney General's office regarding California's Consumer Privacy Act (CCPA). This was a cooperative exercise between an information scientist (me) and a German lawyer (Jana), and we were able to work in many valuable insights from Jana's experience working on the General Data Protection Regulation (GDPR) for the European Parliment. Read more about Comments on the California Consumer Privacy Act (CCPA)

The EU's Terrorist Content Regulation: Expanding the Rule of Platform Terms of Service and Exporting Expression Restrictions from the EU's Most Conservative Member States

The EU’s proposed Terrorist Content Regulation gives national authorities sweeping new powers over comments, videos, and other content that people share using Internet platforms. Among other things, authorities – who may be police, not courts – can require platforms of all sizes to take content down within one hour. The Regulation also requires even small platforms to build upload filters and attempt to proactively weed out prohibited material. Read more about The EU's Terrorist Content Regulation: Expanding the Rule of Platform Terms of Service and Exporting Expression Restrictions from the EU's Most Conservative Member States

Electronic Contracts and the Illusion of Consent

Q: What do you do when you see a little button on a webpage or app screen that says I agree?

A: Click the button.

The familiar and incredibly simple click-to-agree mechanism is ubiquitous. We encounter it throughout our digital lives. It is nothing less than the “legal backbone” of the internet, app stores, e-commerce and so much more.

Yet electronic contracting and the illusion of consent-by-clicking are a sham. Read more about Electronic Contracts and the Illusion of Consent

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