Blog
•
AI v. the Law: Should the Law Keep Up With AI?
In Robert Penn Warren’s All the King’s Men, the author compares the law to a blanket. When used by a big family in the same bed, one family member tugs on the b…
Blog
Blog
•
Applying Federal Digital Communications Privacy Law to Hosted AI Models
On March 31, I gave a virtual guest lecture in Mailyn Fidler’s course “The Digital Fourth Amendment” at Harvard Law School. Prof. Fidler invited me to come talk…
Blog
•
Well, At Least the Anti-States’ Rights AI EO Spares AI-CSAM Laws
On December 11, 2025, President Trump signed an executive order (EO) that purports to deprive states of the ability to regulate artificial intelligence (AI) – t…
Showing - of 5028
Blog
•
Joyce Estate Pays $240,000 In Attorneys' Fees To Shloss And Her Counsel
The long saga of Professor Carol Shloss's dispute with the Estate of James Joyce over her right to use copyrighted source materials in connection with her b…
Blog
•
red-blue dialogue on health care part n+3
Read Don's latest post here. I thought in my last post we were making some progress in this discussion, but it seems we've backslid to talking points a…
Blog
•
Paris in the Ninth Circuit
I simply could not resist sharing this one, for those who don’t check IPKat regularly. Apparently, transformativeness is not only a big deal in copyright fair u…
Blog
•
The Persistent Myths of Identity Theft
Stealing credit card numbers from corporate computers is a serious crime, but it is not "identity theft." Why does terminology matter? See below: h…
Blog
•
The interests of nations and peoples are shared
Our President, to the world (I tried to summarize but couldn't do it, so the emphasis is mine): "I come before you humbled by the responsibility that t…
Blog
•
red/blue dialogue on health care part n+1
Don's latest post is here. Sorry for the delay in response -- I've been on the road, and I'm only now catching up. I agree with you, Don, that thi…
Blog
•
Zombieland - Net Neutrality rises from the grave
Net neutrality is back. Rather than rehash my earlier arguments against it, I point out a few relevant differences between the legislation proposed last time ar…
Blog
•
A crisis of legitimacy
I had an interesting back-and-forth with my friend Conor Sen in email this morning. I'm usually the one who sends him links to David Brooks columns in the…
Blog
•
Sword or Shield? Rethinking the Federal Shield Law
The proposed federal shield law for journalists has recently had a surge in momentum, and nearly every news organization and First Amendment advocacy group is a…
Blog
•
Creative Commons - Release of NonCommercial Use Study
Creative Commons just released Defining Noncommercial: A Study of How the Online Population Understands 'Noncommercial Use'. (pdf link). Here's a sn…
Blog
•
The narcissism of minor differences
Cohen in the NYT today: "Some of my summer in France was spent listening to indignant outbursts about U.S. health care reform. The tone: “You must be kiddi…
Blog
•
red/blue dialogue on health care part 5
This is a great dialogue. See Don's latest post here. I feel like my understanding of the issues we're discussing is improving, and I think I've g…