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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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DMCA Safeharbor Faces $1 Billion Test
It's finally happened. Viacom has sued Google for $1 billion in damages for copyright infringement over videos posted on YouTube. This case will be a grea…
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Is Computer Science Dead?
That's the question that greeted me this morning as I read my periodic communique from ACM. http://technews.acm.org/. Reasons cited for declining CS enrol…
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Internet Webcast Royalty Rates: The Same Old Story
It's old news by blog standards, as it happened last week, but the Copyright Royalty Board has announced the new royalty rates for webcasts. No surprise, t…
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Second Life's response to its parodist... and how things change
I will somehow have to catch up with the rest of the bloggers out there, who seem able to hear about, comment on, and get tired of a particular bit of news near…
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Boucher's latest 'digital rights' bill
(This post was substantially updated on February 28th.) Democratic Representative Rick Boucher (from Virginia's 4th district -- the fightin' 4th!) has…
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Jonatahn Lethem's "The Ectsacy of Influence"
Jonathan Lethem's essay "The Ecstacy of Influence" was published in Harper's Magazine back in late January, which makes it ancient in the comp…
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copyright as gavel
I'm pilfering a phrase from Siva Vaidhyanathan, who wrote an excellent article called "Copyright as Cudgel," noting how producers often use copyri…
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On the implementation of the Data Protection Directive in EU
The Commission of European Communities has just issued a communication on the follow-up fo the Work Programme for better implementation of the Data Protection D…
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It’s not the technology, stupid
I had an AHAAA moment last night reading Martha Woodmansee’s „ The Author, Art, and the Market”. She writes „As my sketch of writers’ struggles suggests, eighte…
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Some Days It's Hard to See What Really Matters, Until You Know It
Most days the Web seems about "buy, buy, buy" or "sell, sell, sell." Many a Web tourist peers through a Web-content window, framed by a v…
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Ensuring trust online
My good friend Sanjana sent me a link to a very well put together article on online trust by Mark McElhaw. An excerpt... "To ensure site visitors continue…
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Packets 4.3 Now Available
Packets 4.3 is now available. Sign up to receive Packets here.…