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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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Court Orders Justice Department to Release NSA Surveillance Documents in EPIC Lawsuit
Wowsers! In response to a Freedom of Information Act lawsuit filed by the Electronic Privacy Information Center, a federal judge has ordered (pdf) the Departme…
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Ripping my own CD's is infringment?!?
The EFF posted this very interesting article about the RIAA's filing in the DMCA rule-making proceedings -- apparently, the RIAA thinks that ripping my own…
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Proposed fair use exemptions to DMCA anticircumvention
H.R. 4536 proposes adding an exception to 17 U.S.C. § 1201 for circumvention of access control or copy protection provided that the circumvention is "neces…
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Should we be using RFID tags to monitor workers?
A few days ago FT.Com ran a story (available here) about an Ohio company that has embedded RFID (radio frequency ID) technology in two of its employees. Ostens…
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Shameful Behavior
It disturbs me to no end to say that, when viewing these pictures (warning: they are graphic), it is difficult not to be ashamed as an American, even if these a…
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Nurturing the African Commons Project blog!
"So the main idea behind the African Commons Project is about nurturing the idea of an “information commons” in Africa - discovering what that is, what it…
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Goldstein and Friedman
Some random thoughts I had about two books I read recently: "Copyright's Highway" by SLS Prof. Paul Goldstein, and "The World is Flat" b…
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The Religion of Liberalism
In yesterday’s New York Times the distinguished law professor Stanley Fish offered some provocative commentary on the recent furor over the Danish cartoons: “T…
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Spyware stories
Ever had your computer attacked by spyware? Do the names PacerD, Exfol, EliteBar, 180solutions, 3D Desktop, YupSearch, or BlazeFind sound familiar? If so, the…
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Technology Used to Document Massive Political Violence in Timor-Leste
I never publish press releases here but I'm going to make this exception. Patrick Ball is a pioneer in the use of technology to assist human rights activis…
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Secure Flight Suspended
TSA announced in hearings before the Senate Commerce Committee that they've suspended plans for Secure Flight, the "ambitious program to check every do…
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Now That All of the World's Problems are Solved . . .
An anxious (bored?) blog reader (I didn't know there were any!) has just emailed me saying: "It has been so long since you blogged. Your public demand…