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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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Is There Such a Thing as an Innocuous <a href="http://childcare.about.com/cs/evaluations/bb/nannycam.htm">Nannycam</a>?
My older son is in nursery school now. We’d tried him in daycare for a little while, but he used to get sick so often (and infect us) that he was staying home…
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Distributed Journalism
Newspaper circulation has been on a steady decline for the last twenty years. For those of us, like me and Thomas Jefferson, who believe that an informed publi…
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And You Thought Payola Was Dead
Intrepid New York Attorney General Eliot Spitzer is now offering further indicia of the sad state of the world of big commercial music through investigations un…
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(Untitled)
THE IMPORTANCE OF COLLATERAL COMMUNICATIONS AND DELIBERATIVE DISCOURSE IN BUIDLING INTERNET-BASED, MEDIA REFORM MOVEMENTS…
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If you're "just complying with local law,"-- you better make sure there actually is a law!
Verso Technologies announced their first big deal for their skype-blocking software-- they are selling it to China. They claim that they are just helping Chine…
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Bit Torrent goes to Hollywood...
A year ago, Bram Cohen created the BitTorrent protocol. BitTorrent makes it easy to download large files quickly because you download pieces of the large file…
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Bridging the Benevolent King and the Will of the People
I've been thinking quite a bit about forms of government lately. The current 'hot' debate in political theory asks how to reconcile people's in…
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Court Denies Preliminary Injunction in Domain Name Trademark Case
This is a recently published opinion in a trademark case involving a dispute over the use of the name “Jupiter Hosting” by Santa Clara, California-based Interne…
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Michigan Federal District Court grants preliminary injunction to block enforcement of statute against exposure of violent video
In an action brought by three video game businesses, the United States District Court for the Eastern District of Michigan preliminarily enjoined the enforcemen…
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Radio Interference Constitutes Violation of Computer Fraud and Abuse Act (CFAA)
The city of Madison, Wisconsin uses a computer-based radio system for police, fire, ambulance and other emergency communications. The radio system spreads tran…
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WIPO Panel transfers Disputed Domain Name to BMW
The domain name dispute in question was filed with the WIPO Arbitration and Mediation Center on September 2, 2005 and decided by a sole panelist on October 20,…
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New York Can Tax 100% of Tennessee Telecommuter’s Income
The United States Supreme Court recently denied certiorari for a Court of Appeals of New York case holding that New York could tax 100% of the income of a Tenne…