Hey Platforms: Add TAKE IT DOWN To Your Transparency Reports
Today marks the deadline for online platforms to implement a process for notice-and-takedown of nonconsensual intimate imagery (NCII) under the TAKE IT DOWN Act…
Publications
Data Privacy and Foundation Models: Can We Have Both?
This brief examines the privacy risks foundation models pose to individuals and society, and governance mechanisms needed to address them. Key Takeaways * F…
AI, Art, & Crime
In early February, I was on a fascinating panel put on by Helen Maria Nugent at CCA about AI and Art: Contemplating an Algorithmic Future, as part of CCA’s Afte…
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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…
Hackers are now targeting councils and governments, threatening to leak citizen data
In recent weeks, Johannesburg’s computer network was held for ransom by a hacker group called Shadow Kill Hackers. This was the second time in three months a ra…
"Becoming Part of Something Bigger": Direct to Consumer Genetic Testing, Privacy, and Personal Disclosure
Direct to consumer genetic testing (DTCGT) services where users can identify their inherited diseases and traits, find genetic relatives, and learn more about t…
5 milestones that created the internet, 50 years after the first network message
Fifty years ago, a UCLA computer science professor and his student sent the first message over the predecessor to the internet, a network called ARPANET. On Oc…
What Happens When Employers Can Read Your Facial Expressions?
Facial recognition technology, once a darling of Silicon Valley with applications for policing, spying and authenticating identities, is suddenly under fire. Co…
Reply Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)
Reply brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unse…
Content Moderation for End-to-End Encrypted Messaging
Thursday evening, the Attorney General, the Acting Homeland Security Secretary, and top law enforcement officials from the U.K. and Australia sent an open lette…
How to License Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms
Abstract How can the EU Member States license Article 17 of the new Directive on copyright and related rights in the Digital Single Market? This is the central…
Why You Can’t Really Consent to Facebook’s Facial Recognition
Not long ago, Consumer Reports launched an investigation into Facebook and discovered something surprising. Nearly a year and a half after the company introduce…
That time my husband reported me to the Facebook police: a case study
[Stanford's Daphne Keller is a preeminent cyberlawyer and one of the world's leading experts on "intermediary liability" -- that is, when an o…