Publications

Law, Borders, and Speech Conference: Proceedings and Materials

Publication Date: 
December 15, 2017
Publication Type: 
White Paper / Report

Tensions between national law and the Internet’s global architecture have existed since the network’s earliest days. They took on new urgency in recent years, with developments like French regulators’ efforts to globally enforce “Right to Be Forgotten” laws. New cases, technologies, and platform responses seem to come along every few months. Expert-level discussion of these issues is dynamic and fast-moving -- but the written literature is only starting to catch up.

Slowing Down the Presses: The Relationship Between Net Neutrality and Local News

Author(s): 
Adam Hersh
Publication Date: 
December 11, 2017
Publication Type: 
White Paper / Report

The FCC is poised to rescind the Open Internet Order—the set of strong, enforceable net neutrality rules that prohibit internet service providers (ISPs) from interfering with web traffic that travels across their networks. One unintentional victim of that action is likely to be small television stations, newspaper publishers, and websites devoted to local news. Local news outlets play a vital civic role, but they face a crisis of declining revenue and audience, largely driven by internet competition.

Commentary: The FCC Has Always Defended Net Neutrality. Why Stop Now?

Author(s): 
Barbara van Schewick
Publication Date: 
November 22, 2017
Publication Type: 
Other Writing

Earlier this week Federal Communications Commission (FCC) Chairman Ajit Pai announced a radical plan to undo the net neutrality protections that have been in place in the U.S. since the beginning of the Internet.

Year One: Stress Testing the Constitution

Author(s): 
Elizabeth Joh
Publication Date: 
November 15, 2017
Publication Type: 
Other Writing

The outlandish hypothetical is in every law professor’s bag of tricks. Can a former president sue a sitting president for defamation?

Hackback in black

Author(s): 
Andrea Matwyshyn
Publication Date: 
November 6, 2017
Publication Type: 
Other Writing

Imagine that a random car is periodically driving across your front yard, leaving tire treads and gouges on your otherwise pristine lawn. How would you handle it? You might set up a surveillance camera to capture an image of the license plate and driver and then share the image with the police. You might install a fence.

Why Keep a Dog and Bark Yourself? From Intermediary Liability to Responsibility

Author(s): 
Giancarlo Frosio
Publication Date: 
November 3, 2017
Publication Type: 
Academic Writing
Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for online intermediaries still serve innovation? Should they be limited or expanded? These critical questions—often tainted by protectionist concerns—define the present intermediary liability conundrum.

SESTA and the Teachings of Intermediary Liability

Author(s): 
Daphne Keller
Publication Date: 
November 2, 2017
Publication Type: 
White Paper / Report

SESTA, the Stop Enabling Sex Traffickers Act, would overhaul US intermediary liability law and potentially expose hundreds of thousands of US platforms to new civil and criminal claims. Its exact legal consequences are uncertain, because the bill is so badly drafted that no one can agree on its meaning. But SESTA’s confusing language and poor policy choices, combined with platforms’ natural incentive to avoid legal risk, make its likely practical consequences all too clear.

To Filter or Not to Filter? That is the Question in EU Copyright Reform

Author(s): 
Giancarlo Frosio
Publication Date: 
October 25, 2017
Publication Type: 
Academic Writing
This article discusses the proposed introduction in EU law of an obligation for hosting providers to conclude licencing agreements with copyright holders and ensure their functioning by taking effective technological measures—such as content id technologies—to prevent copyright infringement on online platforms.

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