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Reining in AI? The E.U. Act
Artificial intelligence (“AI”) is the craze. From pet shop owners to Fortune 500 companies, AI is being used to farm data and analyze facial gestur…
Copyright and Fair Use
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Tool Without A Handle: Are You Not Trained?
This post takes up the questions of how copyright law may impact the development and commercialization of Artificial Intelligence ("AI") tools, g…
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Patchwork AI Regulations
Introduction Where’s Waldo LLC (“Waldo”), your U.K. based digital advertising company, just got funded. Wonderful news! But it also just received a notice from…
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AI Creations: Legally Protected?
Imagine you just purchased a painting from Sotheby’s called Portrait of Edmond Belamy (“Portrait”) for $432,500. Portrait was AI-generated. Your neighbor Jim ta…
Study on Dynamic Blocking Injunctions in the European Union (EUIPO)
(with Olexandr Bulayenko) On the basis of the analysis of norms, cases and practices in the EU and 12+1 selected Member States (Belgium, Denmark, Finland, Fran…
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Empirical Evidence of Over-Removal by Internet Companies Under Intermediary Liability Laws: An Updated List
NOTE: This is an expanded version of an older post. I’ve added seven additional studies since the original version, most recently with the help of Max Levy. Th…
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Challenging cybersecurity as the reason to oppose the consumer Right to Repair
The so-called 'Right to Repair' is a consumer grassroots initiative that seeks to allow technology users and consumers the ability to repair, modify, or…
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Six Constitutional Hurdles for Platform Speech Regulation
Laws regulating platforms can also regulate their users. Some laws may protect users, as privacy laws often do. Others, including many well-intentioned regulati…
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Six Constitutional Hurdles for Platform Speech Regulation
Laws regulating platforms can also regulate their users. Some laws may protect users, as privacy laws often do. Others, including many well-intentioned regulati…
Taking Fundamental Rights Seriously in the Digital Service Act’s Platform Liability Regime
(with Christophe Geiger) This study highlights how the fundamental rights framework should inform the liability regime of platforms foreseen in secondary EU la…
It's all linked: How communication to the public affects internet architecture
The architecture of the Internet is changing. A novel expansive construction of communication and making available to the public has been shaking the Internet e…
The Oxford Handbook of Online Intermediary Liability
(Oxford University Press, edited by Giancarlo Frosio) The theoretical—and market—background against which the intermediary liability debate developed has chang…