On the Right to Obscurity
Tragically, U.S. privacy law has neglected to address a significant dimension of privacy. While lawmakers and judges have routinely recognized intrusions into o…
Recent posts
House Robots Are Coming—and They Will Be Dangerously Cute
If there’s a robot in your house, chances are it’s a Roomba. But that could be about to change. A new generation of home robots is coming—adorable, loaded with contemporary artificial intelligence and designed to charm their way into your family.
Hey Platforms: Add TAKE IT DOWN To Your Transparency Reports
Today marks the deadline for online platforms to implement a process for notice-and-takedown of nonconsensual intimate imagery (NCII) under the TAKE IT DOWN Act…
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Deepfake Nudes in Schools: When AI-Enabled Abuse Hits the Classroom
AI-powered “nudify” apps are increasingly being used by students to create deepfake sexual images of classmates, but most schools still do not have clear polici…
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Comment to the California State Bar on AI-related proposed ethics rule changes
I submitted a comment to the California State Bar's Standing Committee on Professional Responsibility and Conduct (COPRAC) on its proposed amendments to the…
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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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Section 230 at 30 Senate Testimony: The Worst Law Except for All the Other Ones
Last month, I had the privilege of testifying in an unusually substantive and (mostly) collegial hearing about the law known as Section 230. This is the first o…
Data Privacy and Foundation Models: Can We Have Both?
This brief examines the privacy risks foundation models pose to individuals and society, and governance mechanisms needed to address them. Key Takeaways * F…
AI, Art, & Crime
In early February, I was on a fascinating panel put on by Helen Maria Nugent at CCA about AI and Art: Contemplating an Algorithmic Future, as part of CCA’s Afte…
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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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Considering How AI Destroys Democratic Institutions
Across the world, governments and other institutions are racing to apply artificial intelligence in countless ways. In a draft paper titled “How AI Destroys Ins…
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“Liability or Deniability? Platform Power as Section 230 Turns 30
U.S. Senator Ted Cruz (R-Texas), Chairman of the Senate Committee on Commerce, Science, and Transportation, will convene a full committee hearing titled “Liabil…