On September 30, Representatives Sylvia Garcia (D-TX) and Ann Wagner (R-MO) introduced the House version of the EARN IT Act (H.R.8454), which had previously bee…
This week, California filed its first brief in the lawsuit by the United States and Internet service providers like AT&T and Comcast that seeks to overturn…
The Computer Fraud and Abuse Act is America's federal anti-hacking statute, but it's been used for purposes well beyond that. The law's broad langua…
On August 7, I had the pleasure of doing a "fireside chat" with my friend and Section 230 expert Cathy Gellis at this year's virtual DEF CON Crypt…
On August 7, I had the pleasure of doing a "fireside chat" with my friend and Section 230 expert Cathy Gellis at this year's virtual DEF CON Crypt…
I want to share some musings I had about what criminal punishment means right now in America. I don’t really write about the basics of criminal law and procedur…
The Ninth Circuit Court of Appeals has rebuffed my attempt to unseal information about the Department of Justice's unsuccessful secret effort to force Faceb…
Alex Feerst, one of the great thinkers about Internet content moderation, has a revealing metaphor about the real-world work involved. “You might go into it thi…
On July 2, the Senate Judiciary Committee held a full-committee hearing at which it made significant changes to the pending EARN IT Act bill, S.3398, about whic…
On Tuesday, June 23, Senators Graham (R-SC), Cotton (R-AR), and Blackburn (R-TN) introduced a bill that is a full-frontal nuclear assault on encryption in the U…
In a previous post, I described the growing calls for what I called a “systemic duty of care” (SDOC) in platform regulation. I suggested that SDOC requirements…
Policymakers in Europe and around the world are currently pursuing two reasonable-sounding goals for platform regulation. First, they want platforms to abide by…