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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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…
Opening Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)
Opening 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 un…
Want to See My Genes? Get a Warrant
Someone broke into a church in Centerville, Utah, last November and attacked the organist who was practicing there. In March, after a conventional investigation…
Build Your Own Intermediary Liability Law: A Kit for Policy Wonks of All Ages
In recent years, lawmakers around the world have proposed a lot of new intermediary liability (IL) laws. Many have been miscalibrated – risking serious collater…
Amicus Brief in Mobley v. State
Brief of amici curiae ACLU, ACLU of Georgia, and Riana Pfefferkorn in support of appellant Victor Mobley in Mobley v. State, a Georgia Supreme Court case presen…
Arctic 2.0: How Artificial Intelligence Can Help Develop a Frontier
Technology has an outsized impact on the modern world; it is how we have tamed our frontiers. But that role is largely ignored when it comes to the Arctic front…
Elizabeth Warren has a plan for the nation’s approach to trade
Elizabeth Warren announced an agenda Tuesday that she calls a plan for “economic patriotism.” Warren argues against claims that “globalization” or “automation”…
Hackers seek ransoms from Baltimore and communities across the US
The people of Baltimore are beginning their fifth week under an electronic siege that has prevented residents from obtaining building permits and business licen…
Germany proposes Europe’s first diversity rules for social media platforms
Tighter regulation of social media and other online services in now under discussion in several European countries, as well as in the UK where the government ha…
About That Pelosi Video: What to Do About ‘Cheapfakes’ in 2020
In the summer of 2016, a meme began to circulate on the fringes of the right-wing internet: the notion that presidential candidate Hillary Clinton was seriously…