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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Slowing Down the Presses: The Relationship Between Net Neutrality and Local News
The FCC is poised to rescind the Open Internet Order—the set of strong, enforceable net neutrality rules that prohibit internet service providers (ISPs) from in…
Crimmigration-Counterterrorism
Abstract The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better und…
These are the conservative legal groups behind the Masterpiece Cakeshop case
The U.S. Supreme Court hears arguments Tuesday in Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which baker Jack Phillips is arguing that his dee…
The Irish border has crashed Brexit negotiations. Here’s what you need to know.
A couple of hours ago, the Financial Times top headline announced that “Britain and Ireland agree Brexit to border deal.” Now there’s a rather different headlin…
FCC Wants to Kill Net Neutrality. Congress Will Pay the Price
FCC Chair Ajit Pai’s plan to repeal net neutrality provisions and reclassify broadband providers from “common carriers” to “information services” is an unpreced…
The FCC is about to repeal net neutrality. Here’s why Congress should stop them.
On Wednesday November 22, FCC Chairman Ajit Pai published his draft order outlining his plan to undo the net neutrality protections that have been in place in t…
Commentary: The FCC Has Always Defended Net Neutrality. Why Stop Now?
Earlier this week Federal Communications Commission (FCC) Chairman Ajit Pai announced a radical plan to undo the net neutrality protections that have been in pl…
Year One: Stress Testing the Constitution
The outlandish hypothetical is in every law professor’s bag of tricks. Can a former president sue a sitting president for defamation? Can a sitting president be…
Sizing up people and process: a conceptual lens for thinking about cybersecurity in large and small enterprises
This paper proposes a conceptual lens for analysing organisational cybersecurity challenges in light of ‘firm size’. There is extensive literature in the fields…
Hackback in black
Imagine that a random car is periodically driving across your front yard, leaving tire treads and gouges on your otherwise pristine lawn. How would you handle i…
Why Keep a Dog and Bark Yourself? From Intermediary Liability to Responsibility
Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, interme…
SESTA and the Teachings of Intermediary Liability
This Stanford Center for Internet and Society White Paper uses proposed US legislation, SESTA, as a starting point for an overview of Intermediary Liability mod…