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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The Taking Economy: Uber, Information, and Powe
Abstract Sharing economy firms such as Uber and Airbnb facilitate trusted transactions between strangers on digital platforms. This creates economic and other…
Ukraine Asks for Immediate Relief in Its Case Against Russia before the International Court of Justice
Further to our original post about Ukraine’s suit against Russia before the International Court of Justice, the ICJ is holding hearings this week on Ukraine’s r…
Opinion: The tech behind Bitcoin could reinvent cybersecurity
Given the recent cyberattacks on critical infrastructure around the world such as the Christmas 2016 power outage in Ukraine, which left more than 200,000 peopl…
The General Assembly & Accountability for International Crimes
Further to Alex Whiting’s post on Russian objections to the U.N. General Assembly’s formation of the International, Impartial and Independent Mechanism to Assis…
Henry Farrell: Far-right parties hate EU but need it
The chief political aide of Marine Le Pen, the leader of France's far-right National Front party and candidate for the French presidential election, has jus…
Automated Driving and Product Liability
Abstract This Article focuses on one cyberphysical domain — automated driving — to methodically analyze the so-called liability problem. It considers how autom…
A Look at the Case of the ex-CIA Officer Being Extradited to Italy for Her Role in a 2003 Rendition
[This post has been updated to reflect the fact that the European Court of Human Rights has ruled that Italy’s involvement in the rendition violated its obligat…
France’s National Front scandal has exposed the dirty little secret of Europe’s far right
The chief political aide of Marine Le Pen, the leader of France’s far-right National Front party and candidate for the French presidential election, has just be…
U.S. Copyright Office Section 512 Study: Comments in Response to Second Notice of Inquiry
Abstract These comments were prepared and submitted in response to the U.S. Copyright Office's November 8, 2016 Notice of Inquiry requesting additional pub…
Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition
Abstract Though scholars have identified the expanding scope of First Amendment speech doctrine, little attention has been paid to the theoretical transformati…
Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Abstract This article maps ICANN’s ambivalent drift into online content regulation through its contractual facilitation of a “trusted notifier” copyright enfor…
Eavesdropping on Flynn was the legal, obvious intelligence move
Does the House Permanent Select Committee on Intelligence understand intelligence gathering? After all, that committee is charged with oversight over the Unite…