Fourth Amendment Equilibrium Adjustment in an Age of Technological Upheaval
The Digital Fourth Amendment is written by Professor Orin Kerr, one of the country’s foremost authorities on the Fourth Amendment, electronic privacy, and crimi…
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Opening Statement of Professor Bryant Walker Smith for the U.S. Senate Commerce Committee’s Hearing on Automated Driving (February 4, 2026)
[Watch on YouTube] Thank you for your invitation. I’ll offer seven points. First: American driving is dangerous. Automated driving could help, if we’re caref…
We rode in dozens of driverless robotaxis in China. Here's what we saw — and our advice for other curious travelers.
Intrigued by automated driving? Perhaps you've already tried one of the real Waymo or Zoox robotaxis in the United States. (Tesla's "robotaxis"…
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Letter to NCMEC about AI-CSAM Report Statistics
Today, Bloomberg issued a jaw-dropping report about the hundreds of thousands of CyberTipline reports with a generative AI component that Amazon filed to the Na…
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Comment to the U.S. Sentencing Commission on TAKE IT DOWN Act Guideline Proposal
I submitted a comment to the United States Sentencing Commission on its proposal to amend the federal sentencing guidelines in light of a new federal law, the T…
Beyond Digital Pessimism: How a Focus on Trust Can Enhance EU Digital Law
Over the past decade, the European Union (EU) has enacted a series of high-profile regulations and directives aimed at governing the digital environment. From t…
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Elon Musk's X to block AI chatbot Grok from making explicit images of real people
Elon Musk's social media company X says it will block its AI chatbot Grok from creating explicit images of real people after governments around the world la…
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Musk's Grok AI faces more scrutiny after generating sexual deepfake images
Elon Musk was forced to put restrictions on X and its AI chatbot, Grok, after its image generator sparked outrage around the world. Grok created non-consensual…
How AI Destroys Institutions
Civic institutions—the rule of law, universities, and a free press—are the backbone of democratic life. They are the mechanisms through which complex societies…
There’s One Easy Solution to the A.I. Porn Problem
On Christmas Eve, Elon Musk announced that Grok, the artificial intelligence chatbot offered by his company xAI, would now include an image and a video editing…
Youth Privacy's Constitutional Reckoning
Youth privacy law today shares the logics and pathologies of the U.S. Supreme Court's jurisprudence about parental rights over children. We argue that this…
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AI-Faked Cases Become Core Issue Irritating Overworked Judges
AI-hallucinated case citations have moved from novelty to a core challenge for the courts, prompting complaints from judges that the issue distracts from the me…