Publications

Commentary: The FCC Has Always Defended Net Neutrality. Why Stop Now?

Author(s): 
Barbara van Schewick
Publication Date: 
November 22, 2017
Publication Type: 
Other Writing

Earlier this week Federal Communications Commission (FCC) Chairman Ajit Pai announced a radical plan to undo the net neutrality protections that have been in place in the U.S. since the beginning of the Internet.

Hackback in black

Author(s): 
Andrea Matwyshyn
Publication Date: 
November 6, 2017
Publication Type: 
Other Writing

Imagine that a random car is periodically driving across your front yard, leaving tire treads and gouges on your otherwise pristine lawn. How would you handle it? You might set up a surveillance camera to capture an image of the license plate and driver and then share the image with the police. You might install a fence.

Why Keep a Dog and Bark Yourself? From Intermediary Liability to Responsibility

Author(s): 
Giancarlo Frosio
Publication Date: 
November 3, 2017
Publication Type: 
Academic Writing
Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for online intermediaries still serve innovation? Should they be limited or expanded? These critical questions—often tainted by protectionist concerns—define the present intermediary liability conundrum.

SESTA and the Teachings of Intermediary Liability

Author(s): 
Daphne Keller
Publication Date: 
November 2, 2017
Publication Type: 
White Paper / Report

SESTA, the Stop Enabling Sex Traffickers Act, would overhaul US intermediary liability law and potentially expose hundreds of thousands of US platforms to new civil and criminal claims. Its exact legal consequences are uncertain, because the bill is so badly drafted that no one can agree on its meaning. But SESTA’s confusing language and poor policy choices, combined with platforms’ natural incentive to avoid legal risk, make its likely practical consequences all too clear.

To Filter or Not to Filter? That is the Question in EU Copyright Reform

Author(s): 
Giancarlo Frosio
Publication Date: 
October 25, 2017
Publication Type: 
Academic Writing
This article discusses the proposed introduction in EU law of an obligation for hosting providers to conclude licencing agreements with copyright holders and ensure their functioning by taking effective technological measures—such as content id technologies—to prevent copyright infringement on online platforms.

Trusting Big Data Research

Author(s): 
Neil Richards
Woodrow Hartzog
Publication Date: 
October 24, 2017
Publication Type: 
Academic Writing

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