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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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Non-Residential Fellow
Chris Jay Hoofnagle is senior counsel to the Electronic Privacy Information Center, and director the organization's West Coast Office in San Francisco, Cali…
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Blog Entry #1
Greetings, CIS Blog visitors. I’m Lisa, a third-year law student who recently joined Jennifer’s Cyberlaw Clinic. I am part of a team of four students working…
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On blogging
Why is blogging so cool? I understand the value of sharing your opinions with everyone, and blogging carries an air of confidence in opinions and expertise. B…
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It's Judith Miller who shouldn't be covered by the media privilege, not bloggers.
Congress is considering legislation that would create a federal media shield. It will offer protection of confidential sources for anyone who "publishes a…
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(Untitled)
Non-residential fellow Colette Vogele (resume-pdf) joined the Center for Internet and Society in 2004 with substantial experience counseling clients on intellec…
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Sixth Circuit finds that neither initial interest confusion nor post-sale confusion doctrines can be applied to product-shape tr
The Sixth Circuit Court of Appeals vacated a permanent injunction granted to Gibson Guitar Corp. preventing Paul Reed Smith Guitars (PRS) from manufacturing, se…
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Court finds Earthlink is immune to liability for third party information provided through anti-phishing software
The opinion addresses whether an Internet service provider can be held liable for transmitting third party information through software it provides to customers…
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Court allows class action against spyware companies for loss of productivity and damage to user's computers
Stephen Sotelo has brought a class action complaint alleging trespass to personal property, consumer fraud, unjust enrichment, negligence, and computer tamperin…
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Arizona Appeals Court Says SMS Messages Covered by TCPA
In a case of first impression, the Arizona Court of Appeals, Division One, ruled that the term “call,” as used in the Telephone Consumer Protection Act (“TCPA,”…
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No Patent Misuse Defense Against Tying of Essential and Non-Essential Patents Licenses
Philips filed a complaint with the International Trade Commission alleging that several CD manufacturers were importing into the United States certain CD’s that…
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Court Denies Summary Judgment on Digital Envoy-Google Licensing Question
In this case before the United States District Court for the Northern District of California, plaintiff Digital Envoy, Inc. (“Digital”) unsuccessfully moved for…
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U.S. District Court Holds that Authorized Access for Unauthorized Purposes Does Not Violate Stored Communications Act (SCA) or C
From April 2003 to May 2004, Bonnie Werner-Masuda served as the Secretary-Treasurer for a local lodge of the International Association of Machinists and Aerospa…