I submitted a comment to the California State Bar's Standing Committee on Professional Responsibility and Conduct (COPRAC) on its proposed amendments to the…
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…
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…
On Wednesday, Senators Wyden (D-OR) and Cotton (R-AR) introduced a bipartisan bill that, if passed, will enhance the Senate Sergeant at Arm's ability to def…
The EU’s proposed Terrorist Content Regulation gives national authorities sweeping new powers over comments, videos, and other content that people share using I…
Q: What do you do when you see a little button on a webpage or app screen that says I agree? A: Click the button. The familiar and incredibly simple click-to-…
The new EU Audiovisual Media Services Directive (AVMSD) has been officially adopted and published. it is now time for member States to start the process of inco…
You are CEO of Google. When you wake up tomorrow morning, your general counsel calls you: "we've been sued in the E.U. for copyright infringement! The…
On February 11, a federal court in Fresno denied a motion to unseal that I had filed last November along with the ACLU, the ACLU of Northern California, and the…
The present submission has the object of providing comments and recommendations regarding a very specific provision included in the document mentioned in the ti…
As I mentioned in my previous blog post, 2019 is shaping up to be a big year for increased transparency in our nation's courts. At CIS, we've had a whir…
I have a new article coming out, called Who Do You Sue? State and Platform Hybrid Power over Online Speech. It is about free expression rights on platforms like…
TechCrunch asked a panel of eight privacy experts: “Has anything fundamentally changed around privacy in tech in 2019? What is the state of privacy and has the…
Tool Without A Handle: “A Mere Gallimaufry” This blog has spent a good deal of real estate discussing networked information technologies as tools, but has not…
In September 2016, my colleague Jennifer Granick (now at the ACLU) and I filed a petition in the federal district court for the Northern District of California…