Blog
•
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…
Blog
Blog
•
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…
Blog
•
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…
Showing - of 5028
Blog
•
A Big Win in the Second Circuit for Vimeo and the DMCA Safe Harbors (Post 2 of 3)
What follows is the second of three posts on Capitol Records v. Vimeo. The first post is here. Capitol Records' lawsuit against Vimeo, running in federal c…
Blog
•
A Big Win in the Second Circuit for Vimeo and the DMCA Safe Harbors (Post 1 of 3)
What follows is the first of three posts on today's long-awaited decision by the Second Circuit Court of Appeals in Capitol Records v. Vimeo. Capitol’s law…
Blog
•
D.C. Circuit’s Net Neutrality Ruling Rejects Corporate First Amendment Expansionism
The D.C. Circuit today upheld the Federal Communications Commission’s (FCC) 2015 network neutrality regulations, vindicating the agency’s decision to reclassify…
Blog
•
Luiz Fernando Moncau Joins Stanford Center for Internet and Society as Intermediary Liability Fellow
The Center for Internet and Society (CIS) at Stanford Law School has appointed Luiz Fernando Marrey Moncau as Intermediary Liability Fellow. In this role at CIS…
Blog
•
Facebook, stand up or get out
Media leaders have always stood up for a free press and the First Amendment. Now it's Facebook's turn. My Recode column is here: http://www.recode.net/2…
Blog
•
May 2016 in Retrospect: Intermediary Liability News and More from the Internet and Jurisdiction Project
May 2016 in Retrospect is available here: http://www.internetjurisdiction.net/observatory/retrospect/2016-may/ Retrospect is a flagship publication of the Int…
Blog
•
Can a New Broadcasting Law in Europe Make Internet Hosts Monitor Their Users?
The European Commission is making major steps forward in its new Digital Single Market strategy. One important part, the Platform Liability consultation, pointe…
Blog
•
Facebook Fourth Estate? Two Questions Lawyers Should Answer
In defending Facebook against government scrutiny by invoking First Amendment rights, we’ve overlooked the legal consequences for CDA 230 and risk constitutiona…
Blog
•
The Mandatory Emergency Disclosure Sinkhole Exception to the Email Privacy Act
The Email Privacy Act is moving forward in the Senate. S.356, which currently has 28 cosponsors, would require a warrant for stored content -- essentially codi…
Blog
•
Facebook, Congress and the First Amendment
The Facebook Trending Topics controversy has been analyzed from many angles, but there's been virtually no attention paid to the single most troubling aspec…
Blog
•
Taplin's False Choice Between Music and Technology
Jonathan Taplin’s op-ed (Do You Love Music? Silicon Valley Doesn’t) in the May 20 edition of The New York Times perpetuates a powerful dichotomy that has come t…
Blog
•
“Tool Without a Handle: “Tools for Terror, Tools for Peace,” part II
This blog continues the analysis of how to respond to terrorist activity (including recruitment and planning of attacks) using network information technology, i…