Publications

Opening Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

Author(s): 
Jennifer Granick
Riana Pfefferkorn
Publication Date: 
June 12, 2019
Publication Type: 
Litigation Brief

Opening brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger.  Read more about Opening Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

Want to See My Genes? Get a Warrant

Author(s): 
Elizabeth Joh
Publication Date: 
June 11, 2019
Publication Type: 
Other Writing

Someone broke into a church in Centerville, Utah, last November and attacked the organist who was practicing there. In March, after a conventional investigation came up empty, a police detective turned to forensic consultants at Parabon NanoLabs. Using the publicly accessible website GEDmatch, the consultants found a likely distant genetic relative of the suspect, whose blood sample had been found near the church’s broken window. Read more about Want to See My Genes? Get a Warrant

Build Your Own Intermediary Liability Law: A Kit for Policy Wonks of All Ages

Author(s): 
Daphne Keller
Publication Date: 
June 11, 2019
Publication Type: 
Other Writing
In recent years, lawmakers around the world have proposed a lot of new intermediary liability (IL) laws. Many have been miscalibrated – risking serious collateral damage without necessarily using the best means to advance lawmakers’ goals. That shouldn’t be a surprise. IL isn’t like tax law or farm subsidies. Lawmakers, particularly in the United States, haven’t thought much about IL in decades.

Amicus Brief in Mobley v. State

Author(s): 
Jennifer Granick
Riana Pfefferkorn
Publication Date: 
May 7, 2019
Publication Type: 
Litigation Brief

Brief of amici curiae ACLU, ACLU of Georgia, and Riana Pfefferkorn in support of appellant Victor Mobley in Mobley v. State, a Georgia Supreme Court case presenting the question of whether the Fourth Amendment requires a warrant for the seizure of digital data stored by a vehicle -- specifically, a car's event data recorder (EDR). Read more about Amicus Brief in Mobley v. State

Arctic 2.0: How Artificial Intelligence Can Help Develop a Frontier

Author(s): 
Patrick Lin
Publication Date: 
June 7, 2019
Publication Type: 
Academic Writing

Technology has an outsized impact on the modern world; it is how we have tamed our frontiers. But that role is largely ignored when it comes to the Arctic frontier. Emerging technologies, especially AI, can enable desperately needed services and infrastructure—but they can also challenge ethics, law, and policy, as they usually do. For instance, autonomous icebreaker ships pose a dual-use dilemma since they can be used for both humanitarian and military purposes. Read more about Arctic 2.0: How Artificial Intelligence Can Help Develop a Frontier

Elizabeth Warren has a plan for the nation’s approach to trade

Author(s): 
Henry Farrell
Publication Date: 
June 4, 2019
Publication Type: 
Other Writing

Elizabeth Warren announced an agenda Tuesday that she calls a plan for “economic patriotism.” Warren argues against claims that “globalization” or “automation” or a “skills gap” are causing job losses in the United States. She blames, instead, Washington policies. Read more about Elizabeth Warren has a plan for the nation’s approach to trade

About That Pelosi Video: What to Do About ‘Cheapfakes’ in 2020

Author(s): 
Danielle Citron
Publication Date: 
May 29, 2019
Publication Type: 
Other Writing

In the summer of 2016, a meme began to circulate on the fringes of the right-wing internet: the notion that presidential candidate Hillary Clinton was seriously ill. Clinton suffered from Parkinson’s disease, a brain tumor and seizures, among other things, argued Infowars contributor Paul Joseph Watson in a YouTube video. The meme (and allegations) were entirely unfounded. Read more about About That Pelosi Video: What to Do About ‘Cheapfakes’ in 2020

Germany proposes Europe’s first diversity rules for social media platforms

Author(s): 
Paddy Leerssen
Publication Date: 
May 29, 2019
Publication Type: 
Other Writing

Tighter regulation of social media and other online services in now under discussion in several European countries, as well as in the UK where the government has released a white paper outlining its proposed approach to tackling online harm. Read more about Germany proposes Europe’s first diversity rules for social media platforms

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