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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From Horizontal to Vertical: An Intermediary Liability Earthquake in Europe
As part of its Digital Single Market Strategy, the European Commission would like to introduce vertical regulations, replacing — or better conflicting with — th…
The Introduction of a Neighbouring Right for Press Publisher at EU Level: The Unneeded (and Unwanted) Reform
(with Christophe Geiger and Oleksandr Bulayenko) This article discusses the proposed introduction in EU law of neighbouring rights for press publishers for the…
We now know who cheats on their taxes. (Hint: it’s not the poor or middle class.)
Social scientists find it hard to study many important questions because they don’t have good data: Tax evasion is one of those questions. For obvious reasons,…
New Atrocities Prevention & Response Legislation Introduced
I posted earlier about a new bipartisan bill to advance accountability in Syria: the Syrian War Crimes Accountability Act of 2017 (current status is here). Two…
Trump’s No Hypocrite
U.S. President Donald Trump can be accused of having many faults, but hypocrisy is not one of them. To be sure, Trump is wildly inconsistent. His critics have f…
Thanks to Trump, Germany says it can’t rely on the United States. What does that mean?
German Chancellor Angela Merkel told a crowd Sunday in southern Germany that Europe can no longer rely on foreign partners. Merkel on Sunday declared a new cha…
Supreme Court Ends Texas’ Grip On Patent Cases
Today the Supreme Court issued a decision that will have a massive impact on patent troll litigation. In TC Heartland v. Kraft Foods, the court ruled that paten…
Trump’s values are abhorrent to the Federalist Society of conservative lawyers. That doesn’t stop them from helping him.
New Yorker writer Jeffrey Toobin describes the Federalist Society as an enormously influential network of conservative lawyers. Its executive vice president, Le…
Jeff Sessions’s war on drugs will be less consequential than many believe. Here’s why.
Attorney General Jeff Sessions wants to reverse the policies of the Obama administration, by prosecuting more cases involving guns and drugs, and seeking more m…
The U.S. census is in trouble. This is why it’s crucial to what the nation knows about itself.
The U.S. census has recently been the subject of political argument. After contentious discussions before a congressional panel, John Thompson, the director of…
Cybercriminals have just mounted a massive worldwide attack. Here’s how NSA secrets helped them.
Computers around the world are suffering an attack from malicious software. The compromised computers have been hit by “ransomware” — software that encrypts the…
The Antidote to Authoritarianism
My first known ancestor in the Americas was an Ashanti woman called “the African.” We don’t know her name, but through records kept by slaveholders, we know she…