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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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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…
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When the Media Gets It Wrong: The EU Parliament Actually Said No to Forcing Websites to Pay ISPs
On Tuesday, the European Parliament voted to adopt its annual competition policy report. Buried in a long list of non-binding competition policy recommendation…
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Europe’s biggest telecoms are trying to trick the European Parliament into endorsing their proposal to force websites to pay them without proper evaluation and debate. MEPs shouldn’t let them.
On Tuesday, June 13, the European Parliament will vote on the 2022 Annual Report on Competition Policy by the Parliament’s Committee on Economic and Monetary Af…
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EU Member States Still Cannot Agree About End-to-End Encryption
Recently, Wired reported on documents leaked in May from the Council of the European Union’s ongoing deliberations over the draft Child Sex Abuse Regulation. Th…
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Here’s How the European Commission Proposal to Force Websites to Pay ISPs Violates Net Neutrality
In a frontal assault on net neutrality, the European Commission wants to force websites and apps to pay fees to broadband companies like Telefonica, Orange and…
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European Commission proposal to force websites to pay ISPs violates net neutrality, harms Europeans, and solves no problems: Prof. Barbara van Schewick Filing
The European Commission is evaluating a proposal by the largest telecoms in Europe to force websites and apps to pay broadband companies like Telefonica, Orange…
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Comments to the European Commission’s Exploratory Consultation on Mandated Network Access Fees
Professor of Law, and by courtesy, Electrical Engineering at Stanford Law School and Director of Stanford Law School’s Center for Internet and Society.[1] Intr…
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Some Practical Postulates About Platform Data
Beliefs and expectations about what data platforms have at their fingertips vary wildly. That is about to matter a great deal, once new rules in the EU allowing…