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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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Zimbio's cool blogging tool
Zimbio is a cool web 2.0 collaborative media company, that has developed a great tool for promoting your blog. (Full disclosure: Zimbio is a client of my firm,…
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Photos from Digital Privacy Symposium
I have posted pictures from our live symposium event last Friday on my Flickr page. Thanks to everyone who helped make the event a success! Also, thanks to Lau…
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Employees and the Fourth Amendment
Today, a three judge panel from the Ninth Circuit withdrew its opinion in United States v. Zeigler and issued a new opinion. As you may remember, the original…
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Second Life's sense of humor... it's a parody!
This post from the Legal Blog Watch brought a smile to my face. It reports on the wonderful sense of humor of the attorneys over at Second Life. A recent parod…
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Open Source Licensing - Revisioning the Good
This morning I came across Stacy Cowley's article GPL 3: An Open Source Earthquake?. As a member of OGC Consortium, the group responsible for developing ge…
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Hearsayculture.com Lives
At long last, and after repeated mentions on my radio show and podcast, Hearsay Culture, I am pleased to announce that Hearsayculture.com is live. The webpage…
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Kahle v. Gonzales v. Berne
There is one thing about the 9th Circuit’s decision in Kahle v. Gonzales that I could not find any discussion about – namely, the international copyright law im…
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Lessig on Kahle decision
here. Though the Court acknowledged that there had been a change from an opt-in to an opt-out system of copyright, the court held that because Eldred had resol…
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File sharing in Italy: profit or non-profit?
From ALCEI - Electronic Frontiers Italy (www.alcei.org) There has been wide reporting, in Italy and internationally, that an Italian court "ruled not-for-…
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Take the Podcast Survey and pass it along to your community
I was contacted by researchers from the International University Bremen in Germany about a podcast study they are conducting (yes, the survey is in English!) .…
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Pam Samuelson is going to fix the Copyright Act
I attended a really fun reception last night at the fancy Hotel Vitale in San Francisco hosted by Harvard Law School's Berkman Center. One of the co-hosts w…
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that was random
At the end of our last panel, an older gentleman walked into the room, introduced himself as a Berkeley graduate, and proceeded to engage in an entirely off-top…