What Europe’s Digital Services Act Says About Age Assurance
The Digital Services Act (DSA) establishes a wide regulatory framework applicable to intermediary services and particularly online platforms in the European Uni…
Publication
Taking Scale Seriously in Technology Law
Issues of scale—the relationship between the amount of an activity and its associated costs and benefits—permeate discussions around law and technologies. Indee…
The World’s Most Popular Porn Site Is a Government Agent Now. Does It Matter?
On Monday, I published a two-part blog post about the Federal Trade Commission (FTC) settlement with Aylo, parent company of Pornhub. The FTC’s complaint allege…
The FTC’s Settlement With Aylo: This Isn’t Really About Fighting CSAM And Revenge Porn
This is part two of a two-part series about the recent settlement between the Federal Trade Commission (FTC), the Utah Consumer Protection Division (CPD), and A…
The Trump FTC’s War On Porn Just Ensured That Accused CSAM Offenders Will Walk Free
Well, they finally did it. A federal agency finally shattered the precarious base that upholds the edifice of prosecutions for child sex abuse material (CSAM) i…
Multistate Privacy Enforcement Sweep Puts Global Privacy Control in the Spotlight
Recent enforcement actions and announcements from the California Privacy Protection Agency (CPPA) and state Attorneys-General (AGs) in California, Colorado and…
Promote the Progress, Legalize Learning
Learning—by brains or machines—is not a copyright-relevant act. This essay argues that treating training as presumptively infringing (rescued, sometimes, by fai…
Normalizing Facial Recognition Technology and The End of Obscurity
This article argues that facial recognition technology is the most dangerous surveillance tool ever invented. Given the unique threats this morally suspect tool…
The government’s massive data dragnet isn’t about efficiency — it’s about fear
Under the banner of modernization and efficiency, the Trump administration has launched a campaign to tear down what it calls “information silos” across agencie…
The Evolution of Trust and Safety
This Article tells the inside story of the rise, spread, and evolution of trust and safety. We bring unique perspectives to this story. One of us (Citron) was o…
The Ongoing Fight to Keep Evidence Intact in the Face of AI Deception
Last week, television news host Chris Cuomo fell for a deepfake video of Representative Alexandria Ocasio-Cortez (D-NY) despite its being prominently labeled as…
Inside Trump’s Ambitious AI Action Plan
The White House’s newly released AI Action Plan outlines an assertive vision for U.S. leadership in AI. Framed around the imperative to “win the AI race,” the 2…