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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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Who needs Constitutionality anyway?
What exactly is the scope of executive power? We heard about it during the warrentless wiretapping controversy and a myriad of other constitutional faux pax of…
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9th Circuit rejects constitutional challenge to copyright laws in Kahle v. Gonzales
Some sad news to report: the 9th Circuit has rejected constitutional challenges to the copyright laws in *Kahle v. Gonzales*. The opinion is here. Sad, yes, b…
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Sustainability Goes Mainstrean: This Week's Business Week Cover Story
Check out this week's Business Week cover story: Beyond the Green Corporation: www.businessweek.com/magazine/content/07_05/b4019001.htm. Also check out I…
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Bill Richardson: "Civility and common decency in government has perished"
Bill Richardson throws his hat into the ring with some frank talk about excessive partisanship: "I am taking this step because we have to repair the damage…
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Domain Names and Trademarks
For those of you who are interested in domain names issues I have made this piece available on my SSRN page. It addresses the interface between registration of…
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Digital, Life, Design Conference
A friend just informed me of this conference starting Sunday in Munich. Sorry for the late notice, but it’s interesting nonetheless. DLD Conference DLD (Digit…
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Community Patent Review
From a new white paper on the IBM website: "Until now, only the U.S. patent office has been allowed to review patent applications and determine whether or…
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Victory in Poulsen FOIA case
In April of 2006, Wired News editor Kevin Poulsen sued the United States Customs and Border Patrol under the Freedom of Information Act. Poulsen won the case, a…
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Pogues Ode to the RIAA
I've been busily working on finishing my new podcast and will have more to say about it very soon... We'll be launching it on the 23rd so stay tuned. I…
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What $1.2 Trillion Can Buy
David Loenhardt in the Times today: "$1.2 trillion would pay for an unprecedented public health campaign — a doubling of cancer research funding, treatment…
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Communications of the ACM article on Patents
The January 2007 issue of Communications of the ACM (Association for Computing Machinery) has an article entitled “The Patent Holder’s Dilemma: Buy, Sell, or Tr…
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The Global Good Neighbor Initiative
The International Relations Center has launched a new video as part of its Global Good Neighbor Initiative. From the description on the web site: "Mutual r…