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 Blockchain Gang
itcoin is passé. But if the buzz is to be believed, the “block chain” technology behind bitcoin is going to revolutionize your toaster, thebanking system, and e…
Scalia’s privacy impact will be felt for years to come
One would think privacy was a concept that Justice Antonin Scalia disliked. After all, how could a textualist, who firmly believed in lawyers’ obligation to fol…
The NSA is massively reorganizing itself. That’s going to hurt its credibility
The National Security Agency has been having a tough time the last couple of years, as it takes the blame for widespread surveillance. It has just announced a m…
Surveillance Is Still About Power
Since the Snowden revelations in 2013, surveillance has gone from a somewhat arcane term of art used mainly by scholars, spies, and tinfoil hat types, to a hous…
J.K. Rowling got in trouble for how she talks about Africa. Here’s why she may have been right.
Harry Potter author J.K. Rowling is embroiled in a controversy. Pottermore, her official website for all things Harry Potter, made a big announcement over the w…
Siege Warfare and the Starvation of Civilians as a Weapon of War and War Crime
“Let me be clear: The use of starvation as a weapon of war is a war crime.” These are the words of UN Secretary General Ban Ki-Moon, uttered in connection with…
Mapping the Law That Applies to War Crimes in Syria
War crimes have been a consistent feature of the Syrian conflict since its inception. Indeed, a map of the war crimes committed in Syria reads like a survey cou…
If U.S. privacy negotiations with Europe fail, it’s a recipe for chaos
The European Union and the United States are about to give us some idea of how their negotiations over the Safe Harbor dispute are going. The European Court of…
T-Mobile's Binge On Violates Key Net Neutrality Principles
Executive Summary In November 2015, T-Mobile, the third largest provider of mobile Internet access in the U.S., launched a new service called Binge On that off…
Apple may owe Ireland $19 billion, but Ireland doesn’t want the money. Here’s why.
Depending on the outcome of an official investigation, Apple may face a bill that is estimated at between $8 billion and $19 billion for underpaid taxes to the…
Opinion: Forget about Safe Harbor. Modernize global privacy law instead
There's a widening transatlantic divide regarding privacy rights that needs to be bridged – and soon. But instead of coming up with another version of the…
The new, worse ‘right to be forgotten’
The General Data Protection Regulation — a once-in-a-generation overhaul of Europe’s data protection laws — has landed, after a grueling four years of negotiat…