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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…
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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…
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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…
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Always On's Stanford Summit Next Week
Next week is the Stanford Summit hosted by Always On. It's been a great event in the past and I bet it'll be a good one this year. In this economic envi…
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Amazon Burns Orwell's E-Books
Everyone knows Ray Bradbury’s book Fahrenheit 451. First published in 1953, Bradbury imagined a world in which government “firemen” could enter your home at an…
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Pay As You Drive “Black Boxes” Threaten Driver Privacy
The California Department of Insurance (DOI) is considering regulations that would enable insurance prices to depend on the precise number of miles a car is dri…
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Facebook and the Phone Companies Try to Lock You In
What does Facebook have in common with wireless phone companies like AT&T? Both companies try to lock customers in, even if we'd rather take our busines…
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Stamps, Sculpture and Free Expression
We filed an amicus brief today in Gaylord v. U.S., a potentially important but little-noticed fair use case on appeal in the Federal Circuit. We filed it on beh…
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Regulating Search Engine Optimization
From an anonymous executive, today on Tech Crunch: "Imagine, if you will, that the entire Internet is contained within a single continent. That continent…
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Born into a point of view
Peggy Noonan in the WSJ: "Sarah Palin's resignation gives Republicans a new opportunity to see her plain—to review the bidding, see her strengths, ackn…
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Privacy and the Democratization of Fame
If privacy and the ability to preserve your reputation are essential components to personal freedom, then Michael Jackson was imprisoned. As the media hysteria…
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Self-Regulatory Principles For Online Behavioral Advertising: "Or" vs. "And"
I’ve blogged before about the Network Advertising Initiative’s opt out for behavioral targeting, noting that there is no guarantee that participants will stop t…
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Facebook's future: "Wall" or nothing?
In “The Great Wall of Facebook,” Wired’s Fred Vogelstein contends that Facebook and Google are approaching a “full-blown battle over the future of the Internet.…
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Coming Through the Rye No More
Read more here: http://news.yahoo.com/s/ap/20090701/ap_on_re_us/us_books_salinger http://www.nytimes.com/2009/07/02/books/02salinger.html?partner=rss&emc=rs…
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Technically Women
Inspired by a blog post last year by ZDNet's Dennis Howlett, a group of prominent women in technology have formed a new blog called Technically Women. Techn…