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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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Taking Offense: De Facto Censorship in the Digital Age
Last week, FOX News icon Bill O’Reilly made a series of insulting and demeaning remarks on-air about highly-esteemed female journalist, Helen Thomas. In today’…
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The Reality of Guantanamo
Specialist Brandon Neely: "I have seen and done many horrible things, either at Guantánamo or in Iraq, and I know what it is like to try and move on with y…
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Women & The Rise Of Code: Is Power A Moving Target?
Outside of a J.R.R. Tolkien novel, power does not reside in any one person, object, or place. But it does cluster. An enormous percentage of those “in power,”…
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DMCA Safe Harbor for Service Providers Also Protects Non-Storage Activities Designed to Facilitate Access to User-Stored Content
Author: Stuart Loh Universal Music Group (“UMG”) sued Veoh Networks, Inc. (“Veoh”), an Internet-based service that allows users to share videos online, for c…
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English Court Allows Defamation Action to Proceed Despite Evidence of Low Readership
Author: Ranjini Acharya John Alexis Mardas, a former associate of the Beatles, has won the right to bring defamation proceedings against the New York Times an…
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Arizona District Court Rules Website Targeting Plaintiff Does Not Create Jurisdiction in Plaintiff’s Home State
Author: Allison Pedrazzi Helfrich In January 2008, Jan Kruska filed defamation, cyberstalking, and other claims against Perverted Justice Foundation, Inc. (an…
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First Amendment Protects Modified Use of Strip Club’s Trademark in Controversial Video Game
Author: Morgan Galland In E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., the United States Court of Appeals for the Ninth Circuit ruled that the m…
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Court Upholds Forum Selection Clause in Web Hosting Agreement
Author: Jenny Kim The U.S. District Court for the Northern District of California dismissed Bennett v. Hosting.com for improper venue last November. The plain…
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Congress Can Ban Receipt of Obscene Pornographic Text, Drawings Online
Author: Alex Harris The Fourth Circuit upheld the conviction of a man who downloaded, among other content, graphic illustrations of fictional minors engaged i…
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Pugnacious vulgarians
Thomas Frank in the WSJ: "The current recession, brought on at least in part by Wall Street's bonus lust, has claimed countless innocent victims. But i…
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What is the longevity of a "lawfully made" copy?
Denise hosted her 20th episode (Ethically Cleansed) of her legally-minded program This Week In Law. I had a great time appearing on the program with my co-panel…
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FUP Files Suit Against The Associated Press On Behalf Of "Obama Hope" Artist Shepard Fairey
Last week, the Associated Press accused Los Angeles visual artist Shepard Fairey of infringing copyrights the AP asserts in a photograph Fairey used as a visual…