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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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Harmful 5G Fast Lanes Are Coming. The FCC Needs to Stop Them
The FCC is set to vote on April 25 to restore its authority over the companies we pay to get online, and reinstate federal net neutrality protections that were…
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Thoughts about Volt Typhoon
What is Volt Typhoon? A cybersecurity expert explains the Chinese hackers targeting US critical infrastructure Richard Forno, University of Maryland, Bal…
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Tool Without A Handle: Are You Not Trained? - Part 2
Tool Without A Handle: Are You Not Trained? (part 2) The last post in this series[1] addressed how copyright law may impact the development and commerci…
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How to Strengthen the FCC’s Proposed Net Neutrality Protections by Closing Loopholes and Matching the 2015 Open Internet Order
The Federal Communications Commission is looking to restore net neutrality for all Americans. The FCC published its proposal, a so-called Notice of Proposed Rul…
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FAQs About The NetChoice Cases at the Supreme Court, Part 2
This is the second in a hopefully finite series of blog posts about the legal issues in the NetChoice cases, in which platforms raise First Amendment challe…
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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…