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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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elf-Published Authors' Effort to Squelch Criticism on Amazon.com Dismissed
Pro se plaintiff Jeffrey Hammer brought an action in the United States District Court for the Eastern District of New York against defendant Amazon.com (“Amazon…
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Third Circuit Adopts Two-Step Test in Nominative Fair Use Cases
Defendant LendingTree, Inc. (“LendingTree”) operates a web-based real estate referral service whereby consumers can input their location and receive information…
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Georgia Voting Photo Id Requirement Found to be an Undue Burden and a Poll Tax
The U.S. District Court for the Northern District of Georgia granted a preliminary injunction to prevent Georgia election officials from enforcing a new law req…
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Tenth Circuit relies on website disclaimer to dispel inference that it operated in forum
In an unpublished opinion on personal jurisdiction, the 10th Circuit Court of Appeals rejected plaintiff Angela Tomlinson’s claim that defendant H&R Block,…
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Ninth Circuit affirms ruling allowing “box-wrap” licensing to restrict consumers’ ability to refill print cartridges
ACRA sued Lexmark alleging violations of California Business and Professions Code §17500 (unlawful to disseminate untrue or misleading statements) and §17200 (p…
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(Small) Win on Patriot Act.
The House just unanimously passed a 'Motion to Instruct' conferees to attach 4 year sunsets to sections 206, 215 and the Lone Wolf Provision of the Inte…
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"Anti-privacy" gone too far
Mark Russinovich's blog is getting a lot of attention from Sony lately and for good reason. Russinovich, chief architect at Winternals Software LP, discove…
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Death of John Fowles
The New York Times reports the death of British author John Fowles. It may seem a bit macabre, but the Times' obituaries are often excellent articles in th…
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Lessig interview on the major challenges facing the internet
Larry Lessig was interviewed in Foreign Policy about the row over control of the Internet. One exchange I thought was interesting: 'FP: Are the biggest ch…
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Restoring Civil Discourse
Who remembers Morton Downey Jr.? For a time his antics seemed to be an anachronism. Now, however, his spirit seems to haunt all of us. Partisanship has come…
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Jail Time in Hong Kong for Allowing Movie Downloading
I understand Hollywood's concern over lost revenue from file-sharing of movies. But this seems perhaps a bit draconian? The New York Times reports that &q…
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A Serious Case of Double-Dipping
The DirecTV litigation machinery continues to turn with the company now having sued over 25,000 individuals. Although the DTV has been accused of using “litiga…