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…
Recent posts
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…
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Women law professors dominate new list of most-cited faculty, bucking historical pattern
Danielle Citron, a prominent privacy expert who teaches at the University of Virginia School of Law, topped the ranking for the second time in as many years.…
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Senators ask about automated driving
Following my recent testimony, Senators Amy Klobuchar, Tammy Duckworth, and Lisa Blunt Rochester asked me thoughtful questions about the relationship between au…
Big tech is hungry for consumer data. Mass. needs privacy legislation now
Tech companies openly admit we are entering a new phase of AI-powered surveillance. One billionaire tech founder claims AI will be “constantly watching and reco…
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The AI child exploitation crisis is here
The rapid advancement of artificial intelligence has made it easier than ever for bad actors to create child sexual abuse material, leaving prosecutors and lawm…
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"…