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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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Help to Save Net Radio
After the recent Copyright Royalty Board decision (pdf), which set the new rates for webcasting (web radio and any other streaming audio over the internet), it…
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A download is not a "performance"
Haven't had a chance yet to read the full opinion yet, but the bottom line of this important ruling from the S.D.N.Y. is that a "download" of a fi…
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Will Bioterror Fears Spawn Science Censorship?
Will Bioterror Fears Spawn Science Censorship? My latest Wired News column revisits an issue I wrote about in a law review article a few years ago for the Yale…
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Viacom Does The Right Thing; CIS And EFF Dismiss Complaint
Last month we filed suit against Viacom for taking down Robert Greenwald's parody of the Colbert Report. We are happy to report that Viacom has conceded it…
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ABA National Institute on Computing and the Law
The ABA is having a conference on Computing and the Law June 25th and 26th. Here's the schedule (pdf). I'll be speaking on the 26th about the future o…
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Identity Theft Task Force Recommends Removal of $5000 Threshold in 18 USC 1030
President Bush's Identity Theft Task Force released its final report (pdf) on Monday. Among other things, the report recommends: (1) a reduction in the use…
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Shameless self promotion
I've posted the latest few episodes of my podcast, Rules For The Revolution. Episodes 009 and 010 is an interview with Kurt Opsahl of EFF about Section 230…
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You're Not Just Wrong -- You're Evil
Shankar Vedantam in the Post: "Opponents of the war believe passionately that President Bush, his neoconservative allies and a complicit Congress deliberat…
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Digital music - how did we get here?
Matt Burrows, one of my co-fellows here at CIS, gave a good talk today about how we ended up where we are today in the world of digital media. These are my note…
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Attorney advertising, ethical rules and the 1st amendment
Last week I moderated a panel at the Bar Association of San Francisco about the proposed California Rules of Professional Conduct 7.1-7.5 (governing attorney ad…
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US v. Heckenkamp
Last week, in United States v. Heckenkamp, the Ninth Circuit (correctly) ruled that students have a constitutionally protected reasonable expectation of privacy…
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Computer History Museum
CIS recently took a field trip to the Computer History Museum. My commentary and photos from the trip are here.…