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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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Lopez Torres v. Board of Elections: U.S. Supreme Court Decides Party Boss Dominated Judicial Nominating Conventions are OK?
This morning I read the U.S. Supreme Court's decision in Lopez Torres, holding that New York State's obviously manipulated state judicial nominating con…
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Game theory and pre-emptive warfare
Peter Byrne in Silicon Valley Metro (from 2006): "During the Cold War, {Daniel} Ellsberg worked as a "game theorist" for the Rand Corporation and…
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Tim Wu On Why Rowling Is Wrong
Today on Slate, Columbia Law Professor Tim Wu lays out an excellent explanation of why RDR Books has the right to publish the Harry Potter Lexicon, and why J.K.…
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NYT on Searches of Computers at the Border
A fascinating article from today's New York Times: The search was not unusual: the government contends that it is perfectly free to inspect every laptop t…
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The Powder & The Glory
The Powder & the Glory tells the story of two of the first highly successful women entrepreneurs in America, Elizabeth Arden and Helena Rubinstein. One hund…
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Game theory and human destiny
I'm reading a fantastic book by Robert Wright called NonZero. As the website for the book describes it: '"Ingeniously employing game theory—the l…
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I love it
Reason’s Jesse Walker on the fall of Mitt Romney: “I have to confess I’m enjoying Mike Huckabee’s victory, even though I disagree with virtually all of his plat…
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A new generation of leaders
Gary Hart on the Huffington Post this morning: "A year or so ago I wrote a book entitled The Courage of Our Convictions. It urged Democratic leaders to res…
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When Judges Violate Copyright Free License Terms
I came across this anecdote earlier this week, reading in the Israeli press about a judge who quoted in a court opinion an article from the Hebrew Wikipedia, bu…
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Online you can be wild, tame, or both -- you decide
Stephanie Rosenbloom in today's Times : "Now that first impressions are often made in cyberspace, not face-to-face, people are not only strategizing ab…
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Recut, Reframe, Recycle
Pat Aufderheide, Peter Jaszi and their colleagues at American University's Center for Social Media have released a fantastic new study on creativity on the…
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(Over) Simplifying the Complex
A few weeks ago, I published an op-ed opposing pending Net Neutrality legislation. The editorial appeared simultaneously on both href="http://www.news.com…