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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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Hearsay Culture selected as one of the ABA Journal’s Blawg 100 of 2008
I am thrilled and honored to announce that Hearsay Culture has been listed in the American Bar Association ("ABA") Journal's Blawg 100 of 2008, as…
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Search Terms May Bolster Case Against Casey Anthony
The United Press International reports that "[n]ewly released documents in Florida's Caylee Anthony case show ominous search words entered on the famil…
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Obama’s Tech Team: Agency Insiders With Silicon Valleyues
A Washington Post tech blogger reports that President-elect Barak Obama has named a team to guide technology policy for the administration: Julius Genachowski (…
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Music Sampling Does Not Infringe on Copyright, But…
The German Supreme Court (BGH) clarified last week that sampling does not infringe on copyright in the work from which samples were taken for the purpose of cre…
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Technological literacy and youth
Tamar Lewin in the NYT today: "Good news for worried parents: All those hours their teenagers spend socializing on the Internet are not a bad thing, accord…
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Packets Vol. 6 No. 2 Now Available
Packets Vol. 6 No. 2 is online here. Packets is production of the Stanford Center for Internet & Society (CIS). It is written by members of the Stanford La…
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The Next Copyright Case to Hit the Supreme Court?
A while ago I commented here on the Second Circuit’s decision in The Cartoon Network/Cable News Network v. CSC Holdings/Cablevision. It seemed to me like a deci…
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Child Online Protection Act Still Unconstitutional
Author: Alex Harris In 1998, Congress passed the Child Online Protection Act, criminalizing speech that, "taken as a whole," appeals to "the pru…
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Considerations When Subpoenaing Customer Information
Author: Stuart Loh The plaintiffs, Echostar Satellite LLC and its related companies ("Echostar"), provide pay-TV programming to their customers via e…
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Court Dismisses Allegations of Digital Music Conspiracy as Implausible
Author: Jenny Kim In re Digital Music Litigation represents an unsuccessful attempt to challenge a perceived monopoly in the digital music market. The plainti…
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In Peer-to-Peer File-Sharing Case, "Distribution" Does Not Mean "Making Available"
Author: Matt Kellogg At trial, the plaintiffs sought to prove that the defendant, a single mother in Duluth, had willfully infringed 24 of the plaintiffs'…
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David Kernell Indicted Under the Computer Fraud and Abuse Act for Hacking into Governor Palin’s E-mail
Author: Allison Pedrazzi Helfrich The grand jury for the Eastern District of Tennessee charged David Kernell, also known by the nicknames "rubico" an…