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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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Setting the Record Straight: Carriers Can Help Veterans and Comply with California’s Net Neutrality Law
On Wednesday, Politico reported on a leaked email from the Department of Veterans Affairs, expressing concern that California’s net neutrality law could force s…
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Some Humility About Transparency
I am a huge fan of transparency about platform content moderation. I’ve considered it a top policy priority for years, and written about it in detail (with Padd…
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In a Win for the Open Internet, AT&T Stops Zero-Rating its Own Video
Today, AT&T Wireless announced it will be suspending its Sponsored Data program nationwide. Under this program, AT&T Wireless exempts AT&T’s video s…
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Tracking NHTSA's "Driverless Vehicle" Rule
March 30, 2020: NHTSA proposes changing certain federal motor vehicle safety standards (FMVSS) for certain automated vehicles. January 8, 2021: Elaine Chao an…
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Empirical Evidence of Over-Removal by Internet Companies Under Intermediary Liability Laws: An Updated List
NOTE: This is an expanded version of an older post. I’ve added seven additional studies since the original version, most recently with the help of Max Levy. Th…
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One Law, Six Hurdles: Congress's First Attempt to Regulate Speech Amplification in PADAA
In a previous post, I outlined six constitutional concerns that frequently arise when regulating platforms and online speech. These are not reasons why legislat…
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Challenging cybersecurity as the reason to oppose the consumer Right to Repair
The so-called 'Right to Repair' is a consumer grassroots initiative that seeks to allow technology users and consumers the ability to repair, modify, or…
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Six Constitutional Hurdles for Platform Speech Regulation
Laws regulating platforms can also regulate their users. Some laws may protect users, as privacy laws often do. Others, including many well-intentioned regulati…
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Six Constitutional Hurdles for Platform Speech Regulation
Laws regulating platforms can also regulate their users. Some laws may protect users, as privacy laws often do. Others, including many well-intentioned regulati…
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“Tool Without A Handle: Spirituality, Virtue, and Technology Ethics - Part 2”
This post visits some additional concepts of virtue found in Christian teaching supplementing concepts from other traditions such as Aristotle (natural law trad…
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When You Hack Phones on the Fly, but Won’t Confirm or Deny, That’s a Glomar!
In late December, the American Civil Liberties Union (ACLU) filed a lawsuit against the Federal Bureau of Investigation (FBI), challenging the FBI’s “Glomar” re…
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What Will 2021 Hold for Tech Policy?
Out of the 7.5 billion people on Earth, I’m guessing that approximately zero percent will be sad to see this benighted year come to an end. Looking back is too…