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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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Revised Article -- Secrecy and Unaccountability: Trade Secrets in Our Public Infrastructure
A summer of considering and inputting revisions to my forthcoming article in the Florida Law Review is complete, and the updated version can now be downloaded h…
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Problems with WIPO broadcasting treaty
The UK Podcasters Association has issued press release highlighting problems with the WIPO Broadcasting Treaty (read the text of the Treaty here). The treaty is…
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Five Years After the September 11, 2001 Attacks
Five years after September 11, 2001, it is difficult to not weigh how one's life has changed since that day (for those of us fortunate enough to have surviv…
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Digital Media & Intellectual Property
I am taking the opportunity of the publication of my book “Digital Media & Intellectual Property†to present part of the work made during this period o…
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Entertainment Friday...
Earlier this week, I attended a Commonwealth Club presentation of the book and film Fired! by Annabelle Gurwitch. I have to say it (the film) was quite funny.…
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Not-So-Sensible Sensible Technocrats
In a recent post on his very thoughtful blog, Brad DeLong posted a self description that I absolutely resonate with: "I am... a reality-based center-left…
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Is Technology Neutral? Part II
In a very well thought out September 1 blog post, Sanjana asked “Is technology neutral?†partially in response to my own post on the subject from a few week…
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Jefferson and Harris on Church and State
"...we have to have elected officials in government and we have to have the faithful in government and over time, that lie we have been told, the separatio…
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Morgan Spurlock on Civil Discourse
I didn't see Katie Couric's debut broadcast yesterday, but I heard she had Morgan Spurlock (writer and director of Super Size Me and the interesting sho…
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Building Agreement Through Aggression
From CNN.com, "Ex-Iranian leader blames Bush policies for terrorism," posted 2:24 p.m. EDT, September 4, 2006: '...former Iranian President Moham…
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Cal. Supreme Ct. to hear Section 230 Case Today
I'm heading down to hear the oral arguments on the section 230 case, Barrett v. Rosenthal today. Eric Goldman has a good summary of the case and links to ke…
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Golan v. Gonzales Briefed And Argued In Tenth Circuit
Golan v. Gonzales has been briefed and argued in the Tenth Circuit, and we are awaiting a decision. Government's brief is here. govt_response.pdf…