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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Help Save Net Neutrality in California
The FCC voted in December to repeal all meaningful net neutrality protections, undoing more than 15 years of FCC work and leaving startups vulnerable to the whi…
Four Principles for Digital Expression (You Won't Believe #3!)
Abstract At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In…
EFF to Supreme Court: Don’t Turn US Patents Into Worldwide Patents
The general rule in patent law is that each country has its own patent system. If you want damages for sales in the United States, you need a U.S. patent. If yo…
The new rules for the internet - and why deleting Facebook isn’t enough
While being pessimistic about the depressing tableau of Silicon Valley malfeasance is easy, let us not forget that the internet has brought tremendous value to…
Click by click, drowning in data, we Internet ‘users’ are being used
The revelation that Cambridge Analytica was involved in the extraction of data involving over 50 million Facebook users has raised more than a few questions abo…
Northern Ireland's Brexit Problem
Next month, the Irish and British people should be celebrating the 20th anniversary of the Good Friday Agreement. The agreement serves as the cornerstone of the…
Comment in response to European Commission's March 2018 Recommendation on measures to further improve the effectiveness of the fight against illegal content online
The European Commission's March 2018 Recommendation on measures to further improve the effectiveness of the fight against illegal content online calls on In…
FOSTA: The New Anti-Sex-Trafficking Legislation May Not End the Internet, But It’s Not Good Law Either
Amid the chaos of the last week, one of the most significant pieces of internet legislation of the last two decades went relatively unnoticed. Most people likel…
Is Tricking a Robot Hacking?
Abstract The term “hacking” has come to signify breaking into a computer system. A number of local, national, and international laws seek to hold hackers accou…
First Amendment and FX Triumph in “Feud” Right of Publicity Case
In a big win for free speech, the California Court of Appeal has rejected Olivia de Havilland’s right of publicity and false light claims against FX. The court’…
Is affiliate marketing disclosed to consumers on social media?
YouTube has millions of videos similar in spirit to this one: The video reviews Blue Apron—an online grocery service—describing how it is efficient and cheaper…
The Courts Can Handle the Deadly Uber Self-Driving Car Crash
This article is adapted from a forthcoming peer-reviewed essay in Volume 61 of the Communications of the ACM. The pedestrian who was struck and killed by a sel…