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…
Publications
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…
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…
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Using the DSA to Study Platforms
The EU’s Digital Services Act (DSA) established a host of new transparency mandates for online platforms. One of the simplest yet most critical allows researche…
From Murdoch to Musk: Platform ownership and the political economy of online content governance
The recent upheavals in content governance at X and Meta have something in common: both were initiated by the platform's controlling shareholders. As the US…
The Great Scrape: The Clash Between Scraping and Privacy
Artificial intelligence (AI) systems depend on massive quantities of data, often gathered by “scraping”—the automated extraction of large amounts of data from t…
User Privacy and Large Language Models: An Analysis of Frontier Developers' Privacy Policies
Hundreds of millions of people now regularly interact with large language models via chatbots. Model developers are eager to acquire new sources of high-quality…
Algorithmic Enclosure? Reclaiming a Human-Centred Governance Model for Online Creativity
This chapter argues that the real risk of 'algorithmic enclosure' arises not from using automation, but from using it without rights-driven, human-centr…
Recognize this? A spectrum of biometric identification
My dog recognizes me. From across a dog park full of people throwing balls and calling their pups, Spot never fails. She uses the poor eyesight, good hearing an…
Constitutionalising Algorithmic Enforcement
This chapter offers a clear, comparative map of algorithmic enforcement in the IP domain, with emphasis on copyright and trade marks online. In short, the chapt…
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…
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…