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Privacy law amicus brief to California Supreme Court
This week I joined an esteemed group of legal scholars including Steven Bellovin, Laura Donohue, Susan Freiwald, Eric Goldman, Paul Ohm, and Daniel Solove in su…
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A Deutsche Telekom Shakedown: Will Instagram, Facebook and WhatsApp slow to a crawl in Germany as DT tries to get paid twice, and will German regulators have the courage to stop DT’s bullying?
We are about to see whether the largest and most powerful telecom in Europe, Deutsche Telekom (DT), can force websites and apps to pay so-called “network fe…
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Regulating platform risk and design: ChatGPT says the quiet part out loud
Platform laws too often use terms like "design" or "risk mitigation” as euphemisms for mandates that target legally protected expression. When asked GPT about them, its answers said that quiet part out loud.
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Over-the-air updates and regulatory recalls
Automakers (including Tesla, Daimer, Ford, and GM) as well as automated-driving developers (including Waymo and Cruise) have recalled vehicles by pushing over-t…
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New Paper on AI-Generated CSAM
Today, Lawfare published my paper on the law and policy implications of AI-generated child sex abuse material (CSAM), and there’s a podcast episode accompanying…
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FAQs about the NetChoice Cases at the Supreme Court, Part 1
The Supreme Court is about to review a constitutional challenge to two unprecedented and very complicated laws regulating social media. The laws were enacte…
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On Cruise's Crash (and Quinn's Report)
Cruise has now released a preliminary report by Quinn Emanuel, the law firm that the company hired to review its response to its infamous October 2023 crash in…
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Tool Without A Handle: Are You Not Trained?
This post takes up the questions of how copyright law may impact the development and commercialization of Artificial Intelligence ("AI") tools, g…
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Patchwork AI Regulations
Introduction Where’s Waldo LLC (“Waldo”), your U.K. based digital advertising company, just got funded. Wonderful news! But it also just received a notice from…
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FCC starts process to bring back common sense net neutrality protections and broadband oversight
On Thursday, the FCC Commission voted 3-2 to adopt a Notice of Proposed Rulemaking asking for comments on the FCC’s plan to restore net neutrality. Here’s my s…
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White paper: Consumer confusion audits and performance-based regulation
In 2018, Professors Lauren Willis (Law, Loyola Law School), Manoj Hastak (Marketing, American University) and I (Jen King) submitted a report to the Australian…
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Future Cybersecurity: Hybrid Threats Require Balanced Preparation
Last month, I was appointed an Honorary International Professor at the Universidad Autonoma del Estado de Hidalgo (UAEH), one of Mexico's older universities…
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Rushing to Launch the EU's Platform Database Experiment
One of the least appreciated transparency measures in the EU’s new Digital Services Act (DSA) is the requirement for platforms to send the Commission informatio…
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Yes, Telefonica, Forcing Apps to Pay ISPs Violates Net Neutrality
The European Commission is evaluating a proposal by Europe’s largest telecoms to force websites and apps to pay broadband companies like Telefonica, Orange, and…
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EU Telecoms’ Newest Proposal to Force Websites to Pay Them Is Just As Terrible As Their Previous One
Europe’s largest telecoms have a new proposal to get the government to force websites and apps to pay them, claiming it’s a beautiful market-friendly, light-tou…