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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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No Backdoor in Vista?
Even after doing extensive research on the current status of encryption law, I am still somewhat confused. What's the current government strategy for overc…
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Street performances -- can I put them on my blog?
Last week I received a question from JD Lasica. He asked me "If I videotape a street musician performing in public, can I post it to my noncommercial blog…
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Congressional Oversight Of Intelligence Sufficient?
When Senator Wyden, D-Oregon, spoke at Stanford Law School on the February 17th, he said he does not have enough information about the NSA warrantless domestic…
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HigherEdBlogCon
Elizabeth Townsend Gard and I will be panelists in the HigherEdBlogCon from April 3-7, 2006. We will be discussing legal aspects of podcasting in teaching and h…
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Supremacy of Techno-Governance and consumer protection
Some European scholars are proposing a critical analysis of the anti-circumvention provisions for technological protection measures and digital rights managemen…
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Video shows Bush Katrina warning
This is amazing. When I saw this headline I was stumped as to how there was video of Bush being briefed? There was a reporter in the room? This is a next-gen…
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P2P-TC
Xinwen Zhang et al., Enhancing Data Authenticity and Integrity in P2P Systems, IEEE Internet Computing, November/December 2005, pp. 42-49.…
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Best Practices 2.0
TCG Best Practices Committee, Design, Implementation, and Usage Principles, Version 2.0, December 2005.…
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New Best Practices Version
In December 2005, the TCG published an updated version of its Best Practices document. It is available here.…
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Google/DOJ Subpoena and ECPA
In its response to the DOJ's motion to compel compliance with the subpoena requesting URLs and search queries, Google argued briefly that the Electronic Com…
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Liberalism, Torture, and the Ticking Bomb
If you are a civil libertarian I strongly urge you to drop everything and read David Luban's essay "Liberalism, Torture, and the Ticking Bomb" fro…
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iPods as educational tools?
As a recent graduate of Duke, I have been very interested in Duke’s use of ipods in the classroom. My interest may stem from bitterness and envy rather than cu…