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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Downgrading U.S. to “Flawed Democracy” and the Trump Executive Order on Immigration
On Jan. 25, 2017, The Economist reported that United States had been downgraded from a “full democracy” to a “flawed democracy.” Coincidentally, on the same day…
Understanding Complicity: When the US Makes a “Substantial Contribution” to War Crimes Committed by Foreign Partners
With power comes responsibility. In their new duties, Trump administration officials will need to consider the legal hazards associated with supporting foreign…
Predicting Corporate Intelligence Agencites in the 1960s
The recent tumult around the emergence of a dossier suggesting salacious things about President Donald Trump has cast light on a series of for-profit intelligen…
Overcoming ‘cyber-fatigue’ requires users to step up for security
As a new presidential administration takes over, it will need to pay significant attention to cybersecurity. Indeed, we’ve already been told to expect “a compre…
This is how Donald Trump engineers applause
When Donald Trump visited the CIA over the weekend to make a speech, many commentators noted that his audience clapped and cheered enthusiastically. Now, accord…
How journalists can protect themselves while covering protests
Protesters call attention to economic, environmental, racial, gender-based and other forms of injustice. For journalists covering political movements, reporting…
Facebook and Falsehood
After the election, many people blamed Facebook for spreading partisan — and largely pro-Trump — "fake news," like Pope Francis’s endorsement of Trump…
On Trevor Paglen’s Sight Machine
At the FOG Design + Art fair on Saturday, January 14, 2017 I was on a panel discussing Trevor Paglen’s new performance piece in collaboration with the Kronos Qu…
New Symposium Scholarship on Human Shields
We have covered on these pages the legal and moral issues surrounding the use of human shields in contemporary armed conflict situations. The American Society o…
Republicans say their midnight vote was about bridge building. Actually, it was bridge burning.
Republicans in the Senate voted Wednesday night on a bill that would significantly accelerate the repeal of key elements of the Affordable Care Act (commonly ca…
Human Shields: Complementary Duties under IHL
Abstract Like other law-of-war practices, human shielding has become the subject of intense lawfare. In today’s conflicts, the prohibition on the use of human…
Trump’s Dangerous Attribution Message on Russian Hacking—and How to Counter It
President-elect Donald Trump’s repeated attacks on the Intelligence Community and denials of Russian involvement in the hacking of the Democratic National Commi…