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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US could learn how to improve election protection from other nations
Hacking into voting machines remains far too easy. It is too soon to say for sure what role cybersecurity played in the 2020 Iowa caucuses, but the problems, w…
Filtering out free speech
In a landmark ruling earlier this month, India’s Supreme Court held that citizens’ right to freedom of speech and rights to carry out business using the interne…
An Empirical Study of Wireless Carrier Authentication for SIM Swaps
Abstract We examined the authentication procedures used by five prepaid wireless carriers when a customer attempted to change their SIM card. These procedures…
Facts and Where to Find Them: Empirical Research on Internet Platforms and Content Moderation
Abstract Reliable information about platforms’ content removal systems was, for many years, hard to come by. But data and disclosures are steadily emerging as…
Facebook Takes a Step Forward on Deepfakes—And Stumbles
The good news is that Facebook is finally taking action against deepfakes. The bad news is that the platform’s new policy does not go far enough. Journalists,…
Comments on Body of European Regulators for Electronic Communications (BEREC) Draft Guidelines on the Implementation of the Open Internet Regulation, BoR (19) 179
On November 28, 2019, Barbara van Schewick, Professor of Law and (by Courtesy) Electrical Engineering and Director of the Center for Internet and Society at Sta…
Seeing Like a Finite State Machine
Reading this tweet by Maciej Ceglowski makes me want to set down a conjecture that I’ve been entertaining for the last couple of years (in part thanks to having…
Privacy's Constitutional Moment and the Limits of Data Protection
Abstract America’s privacy bill has come due. Since the dawn of the Internet, Congress has repeatedly failed to build a robust identity for American privacy la…
When cyberwar struck its first civilian target
Sandworm: A New Era of Cyberwar and the Hunt for the Kremlin’s Most Dangerous Hackers Andy Greenberg, Doubleday (2019) In 2017, a piece of malicious software c…
Reforming the C-DSM Reform: a User-Based Copyright Theory for Commonplace Creativity
A few years ago, Nellie Kroes warned that because of ill-adapted laws to technological development, “every day citizens […] across the EU break the law just to…
Amicus Brief of Cybersecurity Law Professors in Enigma Software v. Malwarebytes
In Enigma Software v. Malwarebytes, the Ninth Circuit ruled that 47 U.S.C. 230(c)(2)(B) does not protect anti-threat classification decisions that are allegedly…
Governing AI
Abstract Artificial intelligence (AI) is increasingly pervasive and essential to everyday life, enabling apps and various smart devices to autonomous vehicles…