Publications

Europe has just hit Google with a record $5 billion fine. Expect fireworks.

Author(s): 
Henry Farrell
Publication Date: 
July 18, 2018
Publication Type: 
Other Writing

The European Commission, which administers antitrust policy in the European Union, has just hit Google with a record fine of 4.34 billion euros ($5 billion U.S.). This fine is intended to punish Google for the way in which it has structured the market for its operating system. Here’s what you need to know.

The massive fine is for “tying” the operating system to specific applications.

The Inconsequential Choice-Of-Law Question Posed By Jesner V. Arab Bank

Author(s): 
Beth Van Schaack
Publication Date: 
June 16, 2018
Publication Type: 
Academic Writing

Abstract

In Jesner v. Arab Bank, the United States (U.S.) Supreme Court has taken up the question of whether victims of human rights abuses can sue corporations and other legal entities for violations of the law of nations under the Alien Tort Statute (ATS).

Download available at ILSA Journal of International & Comparative Law. 

Digital Switzerlands

Author(s): 
Kristen E. Eichensehr
Publication Date: 
July 10, 2018
Publication Type: 
Academic Writing

Abstract

Exigent Circumstances: iOS 12’s USB Restricted Mode and Warrantless iPhone Access

Author(s): 
Riana Pfefferkorn
Publication Date: 
June 22, 2018
Publication Type: 
Other Writing

Apple recently confirmed the introduction of a new feature called “USB Restricted Mode” in the latest version of the iPhone’s mobile operating system, iOS 12. If enabled in the user’s settings, USB Restricted Mode will disable data transfer from the iPhone over the Lightning cable once the phone has been locked for an hour unless the phone’s password is entered.

How Facebook Programmed Our Relatives

Author(s): 
Brett Frischmann
Publication Date: 
June 21, 2018
Publication Type: 
Other Writing

Three years ago, on his birthday, a law professor watched his e-mail inbox fill with Facebook notifications indicating that friends had posted messages on his wall. The messages made him sad. The clogged inbox was annoying, but what really upset him was having disclosed his birth date to Facebook in the first place. It’s not necessary for social networking or to comply with privacy laws, as some people mistakenly believe. He hadn't paid much attention when he signed up—as with most electronic contracts, there was no room for negotiation or deliberation about terms.

Amazon Needs to Stop Providing Facial Recognition Tech for the Government

Author(s): 
Woodrow Hartzog
Publication Date: 
June 21, 2018
Publication Type: 
Other Writing

Imagine a technology that is potently, uniquely dangerous — something so inherently toxic that it deserves to be completely rejected, banned, and stigmatized. Something so pernicious that regulation cannot adequately protect citizens from its effects.

That technology is already here. It is facial recognition technology, and its dangers are so great that it must be rejected entirely.

Internet Platforms: Observations on Speech, Danger, and Money

Author(s): 
Daphne Keller
Publication Date: 
June 15, 2018
Publication Type: 
Other Writing

Public demands for internet platforms to intervene more aggressively in online content are steadily mounting. Calls for companies like YouTube and Facebook to fight problems ranging from “fake news” to virulent misogyny to online radicalization seem to make daily headlines. British prime minister Theresa May echoed the politically prevailing sentiment in Europe when she urged platforms to “go further and faster” in removing prohibited content, including through use of automated filters.

Internet Platforms: Observations on Speech, Danger, and Money

Author(s): 
Daphne Keller
Publication Date: 
June 13, 2018
Publication Type: 
Academic Writing

Policymakers increasingly ask Internet platforms like Facebook to “take responsibility” for material posted by their users. Mark Zuckerberg and other tech leaders seem willing to do so. That is in part a good development. Platforms are uniquely positioned to reduce harmful content online. But deputizing them to police users’ speech in the modern public square can also have serious unintended consequences. This piece reviews existing laws and current pressures to expand intermediaries’ liability for user-generated content.

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