Fourth Amendment Equilibrium Adjustment in an Age of Technological Upheaval
The Digital Fourth Amendment is written by Professor Orin Kerr, one of the country’s foremost authorities on the Fourth Amendment, electronic privacy, and crimi…
Fourth Amendment
The FTC’s Settlement With Aylo: This Isn’t Really About Fighting CSAM And Revenge Porn
This is part two of a two-part series about the recent settlement between the Federal Trade Commission (FTC), the Utah Consumer Protection Division (CPD), and A…
The Trump FTC’s War On Porn Just Ensured That Accused CSAM Offenders Will Walk Free
Well, they finally did it. A federal agency finally shattered the precarious base that upholds the edifice of prosecutions for child sex abuse material (CSAM) i…
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Academics’ Letter to Congressional Leaders Highlights the EARN IT Act’s Fourth Amendment Problem
This is the latest entry in my lengthy archive of writing, talks, and interviews about the EARN IT Act: * Blog posts here at the CIS blog: part 1, part 2, par…
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Some Thoughts About Apple’s New Advanced Data Protection Feature
Last week, Apple announced several new security features: the ability to authenticate contacts in iMessage (reminiscent of Signal’s verification feature), suppo…
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The End of Roe Will Bring About a Sea Change in the Encryption Debate
With the Supreme Court poised to rip away a constitutional right that’s been the law of the land for nearly half a century by overturning Roe v. Wade, it’s time…
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User Privacy vs. Platform Transparency: The Conflicts Are Real and We Need to Talk About Them
Pretty much everyone wants better information about how platforms propagate and govern online speech. We are probably about to get it. A major pending EU law wi…
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Ignoring EARN IT’s Fourth Amendment Problem Won’t Make It Go Away
This is the latest entry in my lengthy archive of writing, talks, and interviews about the EARN IT Act: * Blog posts here at the CIS blog: part 1, part 2, par…
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The EARN IT Act Is Back, and It’s More Dangerous Than Ever
This is the latest entry in my lengthy archive of writing, talks, and interviews about the EARN IT Act: * Blog posts at the CIS blog: part 1, part 2, part 3,…
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Six Constitutional Hurdles for Platform Speech Regulation
Laws regulating platforms can also regulate their users. Some laws may protect users, as privacy laws often do. Others, including many well-intentioned regulati…
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Six Constitutional Hurdles for Platform Speech Regulation
Laws regulating platforms can also regulate their users. Some laws may protect users, as privacy laws often do. Others, including many well-intentioned regulati…
Press
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Banning Trump from Twitter and Facebook isn’t nearly enough
Social media finally pulled the plug on Donald Trump. Days after Trump incited a riot at the U.S. Capitol, Twitter permanently banned the president from its pla…