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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Resisting the Resistance: Resisting Copyright and Promoting Alternatives
This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has politica…
Trump’s Muslim Ban & the Propaganda Value of Violence Against Women
There has been much well-deserved criticism of President Trump’s Executive Order imposing a Muslim Ban on entry into the United States and the chaotic and non-d…
Should cybersecurity be a human right?
Having access to the internet is increasingly considered to be an emerging human right. International organizations and national governments have begun to forma…
The Right Tools: Europe's Intermediary Liability Laws and the 2016 General Data Protection Regulation
Forthcoming in the Berkeley Technology Law Journal The so-called “Right to Be Forgotten” established by the Court of Justice of the European Union in 2014 is a…
Right to Be Forgotten: Much Ado About Nothing
In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, int…
Georgia and Virginia legislation for automated driving and delivery robots
How Governments Can Promote Automated Driving recommended that governments conduct “legal audits” to “identify and analyze every statute and regulation that cou…
Reforming Intermediary Liability in the Platform Economy: A European Digital Single Market Strategy
Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, interme…
It's Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law
For more than forty years, electronic surveillance law in the United States has drawn a strong distinction between the protections afforded to communications &q…
Trump's Immigration Order Signals Sharp Departure from Other Post-WWII Presidents
As "leader of the free world," every post-World War II US President has expressed some form of public support for refugees through speeches and White…
Ukraine v. Russia: Before the International Court of Justice
With all the news around President Donald Trump taking office, and the mass protests, controversial executive orders, and pending lawsuits that followed, it may…
Europe’s “Right to Be Forgotten” in Latin America
This article appeared as Chapter Five in "Towards an Internet Free of Censorship II Perspectives in Latin America" Europe’s “Right to Be Forgotten” i…
El “derecho al olvido” de Europa en América Latina
This article appeared as Chapter Five in "Hacia una Internet libre de censura II Perspectivas en América Latina". El “derecho al olvido” de Europa en…