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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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Doing God's Work
Here is a very nice plug for CIS from one of the most respected and accomplished copyright lawyers around -- Bill Patry. In it, he notes my recent article abou…
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Breath Control
Breath Control is a documentary about making music with nothing but the human voice. The human beat box is one of the key elements in the development of Hip Hop…
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The biological payoffs of associating yourself with winners
James McKinley in the New York Times in 2000 : "It has long been assumed that ardent sports fans derive excitement and a sense of community from rooting fo…
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Cuomo and Krugman on Politics vs. Ideology
In the 10/29 Guardian: "Cuomo: The founding fathers apparently didn't like parties, and so how about this whole notion that - of ideologies that take…
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German Copyright Law Amended
Today was the official publication of a new amendment to the German Copyright Act. The amendment will enter into force in January 1st, 2008. After four long y…
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Why I'm glad I don't live in Gapun
Damian Whitworth in today's Times of London: "Human beings argue about everything from adultery to Zionism and we do so in different styles, whether we…
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Chief Justice Roberts: the Internet is kind of a big deal
Earlier this week, Chief Justice John Roberts, addressed students at the Brigham Young University. According to a press account of the event: Emerging technolo…
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Elkin-Koren on Anticircumvention Law and Consumers-as-Participants
Prof. Niva Elkin-Koren has uploaded a paper titled Making Room for Consumer Under the DMCA, to be published soon in the BTLJ. The paper provides a terrific anal…
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Yahoo! has no Obligation to Publish Information; Ask.com not Liable for Indexed Third-Party Content under CDA
Author: Jacob Heller William Murawski, a “frequent political candidate”, brought action against a number of public and private entities in connection with the…
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District Court Strikes Down Patriot Act’s Amendments to Foreign Intelligence Surveillance Act
Author: Scott M. Noveck I. The 2001 FISA Amendments For purposes of criminal surveillance, the Fourth Amendment’s prohibition on unreasonable searches and sei…
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Ninth Circuit Strikes Down Contract Amendments Unilaterally Posted to Website
Author: Oh-Yoon Kim Respondent Joe Douglas originally contracted with America Online for long distance telephone service. When Talk America acquired this busi…
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Ninth Circuit Holds Section 605(e)(4) of the Communications Act Does Not Apply to End-users Employing DirectTV Piracy Devices
Author: Vinita Kailasanath DirecTV, Inc., a satellite programming provider, sued two end-users of pirating technology, Hoa Hunyh and Cody Oliver. Defendants f…