U.S. Copyright Office Section 512 Study: Comments in Response to Second Notice of Inquiry
Abstract These comments were prepared and submitted in response to the U.S. Copyright Office's November 8, 2016 Notice of Inquiry requesting additional pub…
Publication
Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition
Abstract Though scholars have identified the expanding scope of First Amendment speech doctrine, little attention has been paid to the theoretical transformati…
Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Abstract This article maps ICANN’s ambivalent drift into online content regulation through its contractual facilitation of a “trusted notifier” copyright enfor…
Eavesdropping on Flynn was the legal, obvious intelligence move
Does the House Permanent Select Committee on Intelligence understand intelligence gathering? After all, that committee is charged with oversight over the Unite…
Resisting the Resistance: Resisting Copyright and Promoting Alternatives
This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has politica…
Trump’s Muslim Ban & the Propaganda Value of Violence Against Women
There has been much well-deserved criticism of President Trump’s Executive Order imposing a Muslim Ban on entry into the United States and the chaotic and non-d…
Should cybersecurity be a human right?
Having access to the internet is increasingly considered to be an emerging human right. International organizations and national governments have begun to forma…
The Right Tools: Europe's Intermediary Liability Laws and the 2016 General Data Protection Regulation
Forthcoming in the Berkeley Technology Law Journal The so-called “Right to Be Forgotten” established by the Court of Justice of the European Union in 2014 is a…
Right to Be Forgotten: Much Ado About Nothing
In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, int…
Georgia and Virginia legislation for automated driving and delivery robots
How Governments Can Promote Automated Driving recommended that governments conduct “legal audits” to “identify and analyze every statute and regulation that cou…
Reforming Intermediary Liability in the Platform Economy: A European Digital Single Market Strategy
Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, interme…
It's Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law
For more than forty years, electronic surveillance law in the United States has drawn a strong distinction between the protections afforded to communications &q…