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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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Motion for Fees Filed in Poulsen FOIA case
We Filed our Motion for attorney's fees in the Poulsen FOIA case. FOIA includes a fee-shifting provision to encourage people to litigate to defend their rig…
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The ignorant people who disagree with you
John Tierney in yesterday's Times: "Consider an experiment last year, when groups of Coloradans convened separately in Boulder and Colorado Springs to…
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It's election day
So please vote and blog. (Photo Credit: Richard Wanderman some rights reserved) (Interesting factoid: there are 13, 536 photos in flickr that are tagged with…
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Sometimes a flash game...
...is worth a thousand words.…
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Hearsay Culture Audio and Revised Schedule
As I learn all the fun and angles of building a website, I want to offer interim relief pending the launch of the actual Hearsay Culture website (wow, that was…
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Required listening for all podcasters
The Podcast Brothers have posted an excellent episode today in which they interview Marty Schwimmer, an expert on trademark, domain name, and copyright legal di…
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Civility vs. honesty?
My short post from the other day got noticed by a few folks over at Whiskey Fire, so they responded to my brief observation with a few observations of their own…
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The Public Conversations Project's RedBlue Initiative
I'm optimistic about this. For those of you who don't know, the Public Conversations Project is an organization in Massachusetts that convenes dialogue…
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Corporate & University Podcasting
Two things I've been involved with recently relating to podcasting in corporations and universities are now published on-line: First, the panel discussion…
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the public domain and unpublished works
What's better than listening to two lawyers you really like as people talk about a subject you find fascinating? For me, it's hard to beat. (And, I'…
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hot off the copyright office presses
Ringtones are likely subject to statutory license for making and distributing phonorecords under the Copyright Act. Here's the copyright office's announ…
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Ridiculing civility
The New York Times had an interesting article over the weekend talking about the tense stalemate that exists between liberals and conservatives in everyday inte…