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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Too Good to Be True?
The client shows his lawyer a video he says he took on his cell phone. It shows the defendant saying things that, if seen by the jury, will be a slam dunk for t…
Monitoring and Filtering: European Reform or Global Trend?
Abstract This chapter of the Oxford Handbook of Online Intermediary Liability analyses the evolution of a trend towards the imposition of proactive monitoring…
Campaigns Must Prepare for Deepfakes: This Is What Their Plan Should Look Like
It is only a matter of time before maliciously manipulated or fabricated content surfaces of a major presidential candidate in 2020. The video manipulation of H…
In a world of cyber threats, the push for cyber peace is growing
Digital conflict and military action are increasingly intertwined, and civilian targets – private businesses and everyday internet users alike – are vulnerable…
Deconstructing Google’s excuses on tracking protection
Blocking cookies is bad for privacy. That’s the new disingenuous argument from Google, trying to justify why Chrome is so far behind Safari and Firefox in offer…
The FTC Can Rise to the Privacy Challenge, but Not Without Help From Congress
Editor's note: This piece originally appeared on TechTank. Facebook’s recent settlement with the Federal Trade Commission (FTC) has reignited debate over w…
The stubborn, misguided myth that Internet platforms must be ‘neutral’
Lately, politicians and news sources have been repeating a persistent myth about, of all things, technology law. The myth concerns a provision of the 1996 Commu…
Weaponized Interdependence: How Global Economic Networks Shape State Coercion
Abstract Liberals claim that globalization has led to fragmentation and decentralized networks of power relations. This does not explain how states increasingl…
5 ways to protect yourself from cybercrime
High-profile data breaches at companies like British Airways and Marriott get a lot of media coverage, but cybercriminals are increasingly going after community…
Silicon Valley paints itself as a hotbed of free enterprise. Here’s how the government helped build it.
Margaret O’Mara is a professor of history at the University of Washington. Her new book, “The Code: Silicon Valley and the Remaking of America,” was just publis…
Cyberattack Attribution and the Virtues of Decentralization
In the midst of rising tensions between the United States and Iran over tanker attacks and Iran’s downing of a U.S. drone, reports emerged that U.S. Cyber Comma…
Further Submission to PJCIS Regarding Assistance and Access Act
Submission to Australia's Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding its review of the Assistance and Access Act that had…