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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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Scrutinizing The URAA
Two years ago, the Tenth Circuit Court of Appeals broke new ground. It held the URAA's restoration of copyrights in public domain works departed from the &q…
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Forcing our brains to evolve
Matt Harding, NPR's Weekend Edition today: "I believe globalization is forcing our brains to evolve. I've had the privilege to see a lot more of t…
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Did you know?
Interesting/humbling: http://www.youtube.com/watch?v=UIDLIwlzkgY Supposedly this is a year old (though I'd never seen it before) so the numbers are even bi…
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Accountability and Anonymity: Rethinking the Value of Anonymous Speech
This week, Harvard’s Cyberlaw Clinic filed an amicus brief with the Illinois Appellate Court in support of hefty procedural safeguards to protect the anonymity…
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Conflict Resolution Governance
Daniel Schorr on NPR: "The president tends to seek conflict resolution rather than drama. He has been compared to Franklin D. Roosevelt, confronted with an…
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Broadband in America: A Policy of Neglect is Not Benign
With a change in administration, this is a key moment in policymaking with respect to broadband in America. The market fundamentalists, whose liassez faire poli…
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Universal Service in the Broadband Age
Proposal to serve those without braodband available by using stimulus funding to deploy middle mile fiber and provision the first mile with cutting edge wireles…
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Yes, A Copyright Law Joke
You don't see a lot of law comics, much less comics about copyright law. Does this clever cartoon from across the Web describe an instance of fair use? Yo…
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Deep Packet Inspection (DPI) and Net Neutrality
A paper by M. Chris Riley and Ben Scott called Deep Packet Inspection: The End of the Internet as We Know It?, is available at: http://www.freepress.net/files/D…
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The Supreme Court Takes Up Copyright Case – Reed Elsevier v. Pogrebin
On March 2 the Supreme Court granted certiorari on a copyright case covering the question whether section 411(a) of the Copyright Act restricted the subject mat…
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Get Your Kirk On
Thomas Vinciguerra in the NYT: "So what, beyond pushing buttons, do these men — as all Kirk chair owners appear to be — do with the most conspicuous piece…
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Amnesia in the Face of Crisis
It’s fascinating to witness the public reaction as the newspaper industry implodes. Young people are largely indifferent while older generations seem to think…