Blog
•
California Defends its Net Neutrality Law
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…
Blog
Blog
•
The Importance of Protecting Good-Faith Security Research
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…
Blog
•
EARN IT Act Talk at the DEF CON Crypto & Privacy Village
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…
Blog
•
EARN IT Act Talk at the DEF CON Crypto & Privacy Village
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…
Blog
•
What Does Retribution Mean Now? Thoughts on COVID-19, Prison, and Schadenfreude
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…
Blog
•
We Won't Find Out How the DOJ Tried to Force Facebook to Change Its Encryption
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…
Blog
•
CDA 230 Reform Grows Up: The PACT Act Has Problems, But It’s Talking About the Right Things
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…
Blog
•
The EARN IT Act Threatens Our Online Freedoms. New Amendments Don’t Fix It.
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…
Blog
•
There’s Now an Even Worse Anti-Encryption Bill Than EARN IT. That Doesn’t Make the EARN IT Bill OK.
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…
Blog
•
Broad Consequences of a Systemic Duty of Care for Platforms
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…
Blog
•
Systemic Duties of Care and Intermediary Liability
Policymakers in Europe and around the world are currently pursuing two reasonable-sounding goals for platform regulation. First, they want platforms to abide by…
Blog
•
Tool Without A Handle: Tools, Trends, Technology
The current public health crisis makes effective management of misinformation more than just a theoretical or constitutional law exercise. Misinformation costs…