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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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Law, Borders, and Speech: Data Protection and the Right to Be Forgotten
This piece is exerpted from the Law, Borders, and Speech Conference Proceedings Volume. The conference, convened by Stanford's Center for Internet and Socie…
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Oh, So Everybody’s a Legal Expert Now: Minnesota v. Diamond, Microsoft Ireland, and User-Hostile Path Dependence in the Law
On January 17, the Minnesota Supreme Court issued its opinion in State v. Diamond. It affirmed the appellate court’s holding that compelling a defendant to prov…
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Law, Borders, and Speech: Intellectual Property
This piece is exerpted from the Law, Borders, and Speech Conference Proceedings Volume. The conference, convened by Stanford's Center for Internet and Socie…
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Law, Borders, and Speech: Geoblocking Technologies
This piece is exerpted from the Law, Borders, and Speech Conference Proceedings Volume. The conference, convened by Stanford's Center for Internet and Socie…
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Law, Borders, and Speech: The Big Picture
This piece is exerpted from the Law, Borders, and Speech Conference Proceedings Volume. The conference, convened by Stanford's Center for Internet and Socie…
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Law, Borders, and Speech: Introducing Our Proceedings Volume
The essay below serves as introduction to the Stanford Center for Internet and Society's Law, Borders, and Speech Conference Proceedings Volume. The confere…
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Tool Without a Handle: Privacy and Moral Hazard
Discussions of privacy tend to focus on the value of privacy. This post agrees that privacy has value in practical terms, as an important moral principle, and…
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Law, Borders, and Speech: Law Enforcement Access to User Data
This piece is exerpted from the Law, Borders, and Speech Conference Proceedings Volume. The conference, convened by Stanford's Center for Internet and Socie…
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New Article in the Connecticut Law Review
My article Everything Radiates: Does the Fourth Amendment Regulate Side-Channel Cryptanalysis?, 49 Conn. L. Rev. 1393 (2017), has recently been published by the…
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More Helped than Harmed: The Internet and Human Flourishing in the Coming Decade
Today, someone asked me about the Internet and human well-being over the next decade. The question was a healthy provocation to look at the big picture. I chose…
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Remarks at IGF 2017 Session on Encryption
The following are my opening remarks for the encryption panel during the IGF 2017 main session, "Local interventions, global impacts: How can international…
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Right to be forgotten and global delisting: some news from Spain
In a recent ruling, the Spanish Audiencia Nacional – the high court that referred the Google Spain case to the Court of Justice of the European Union (CJEU) – h…