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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Jesner Oral Arguments, Justice-by-Justice
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether…
To Filter or Not to Filter? That is the Question in EU Copyright Reform
This article discusses the proposed introduction in EU law of an obligation for hosting providers to conclude licencing agreements with copyright holders and en…
Is it time for a Cyber Peace Corps?
Hackers around the world are attacking targets as diverse as North Dakota’s state government, the Ukrainian postal service and a hospital in Jakarta, Indonesia.…
Trusting Big Data Research
ABSTRACT Although it might puzzle or even infuriate data scientists, suspicion about big data is understandable. The concept does not seem promising to most pe…
Privacy, Vulnerability, and Affordance
INTRODUCTION A person without privacy is vulnerable. But what is it to be vulnerable? And what role does privacy or privacy law play in vulnerability? This Art…
Congress doesn’t know enough to stop people enriching themselves at the public expense. Here’s how to fix this.
Brink Lindsey and Steve Teles’s new book, The Captured Economy: How the Powerful Enrich Themselves, Slow Down Growth and Increase Inequality, looks to build a n…
This is how social media data can help NGOs
Stefaan Verhulst is the chief research and development officer, and Andrew Young is the knowledge director at the Governance Laboratory at New York University.…
Australian Government Wants to Give Satire The Boot
The National Symbols Officer of Australia recently wrote to Juice Media, producers of Rap News and Honest Government Adverts, suggesting that its “use” of Austr…
The Rhetoric of “Responsible Encryption”
Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption that prompted a considerable amount of well-deserved blowback. His speech rehas…
We say black lives matter. The FBI says that makes us a security threat.
This past summer, the FBI’s Counterterrorism Division, which investigates terrorist threats from groups such as al-Qaeda, invented a brand new label and a brand…
Is the FBI Setting the Stage for Increased Surveillance of Black Activists?
A recently leaked FBI “Intelligence Assessment” contains troubling signs that the FBI is scrutinizing and possibly surveilling Black activists in its search for…
Data Extraterritoriality
Data’s intangibility poses significant difficulties for determining where data is located. The problem is not that data is located nowhere, but that it may be l…