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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How Trump speaks like a mob boss
In Michael Cohen’s testimony Wednesday, he said President Trump “doesn’t give orders. He speaks in code. And I understand that code.” James Gagliano, a former m…
Your Speech, Their Rules: Meet the People Who Guard the Internet
When Facebook started 15 years ago, it didn’t set out to adjudicate the speech rights of 2.2 billion people. Twitter never asked to decide which of the 500 mill…
Trump may be about to call Europe’s bluff on Iran. Europe isn’t bluffing.
Last Friday, the editorial board of Bloomberg Opinion condemned Europe’s new INSTEX arrangement, a so-called Special Purpose Vehicle set up to allow European co…
FBI's human rights investigators critical to prosecuting 'atrocity crimes'
For over seven decades, the United States has stood as the cornerstone of a rules-based global system that arose from the ashes of World War II, organizing and…
How far should organizations be able to go to defend against cyberattacks?
The deluge of cyberattacks sweeping across the world has governments and companies thinking about new ways to protect their digital systems, and the corporate a…
Order Denying Motions to Unseal
Order denying motions by Riana Pfefferkorn and others to unseal the docket and court's legal reasoning in a sealed case wherein the Department of Justice al…
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…
Democracy and inequality as a global foreign policy agenda
[The below text is a short memo I presented for a workshop on a left-liberal financial foreign policy for the US last week.] The US left is starting to come to…
EXCLUSIVE: FBI’s War Crimes Unit on the Chopping Block
[UPDATED] A special unit within the Federal Bureau of Investigation that handles war crimes may be shut down imminently, according to officials familiar with th…
Brief of Retired Federal Judges as Amici Curiae in Support of Neither Party
Amicus curiaei brief of retired judges, including CIS Director of Fourth Amendment and Open Courts, in the Court of Appeals for the Federal Circuit in a case ch…
Brief of Amici Curiae Former U.S. Magistrate Judges in Support of Petitioners
Amicus brief of former magistrate judges, including CIS Director of Fourth Amendment and Open Courts Stephen Wm. Smith, in support of Petitioners-Appellants Jas…
Amicus Brief of EFF and Riana Pfefferkorn
Amicus brief of Electronic Frontier Foundation and Riana Pfefferkorn in support of Petitioners-Appellants Jason Leopold and Reporters Committee for Freedom of t…