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 Government Shouldn’t Distribute Child Pornography. Period.
Participating in the distribution of child pornography is a federal crime. But that’s exactly what the F.B.I. did in this case. In order to identify more than 1…
“Ideating” on ISIS and Silicon Valley
In a lot of Silicon Valley meetings, participants “iterate,” “ideate,” and “sync,” and do other buzzwordy things. Every once in a while something innovative and…
International Justice Year-in-Review: Looking Backwards, Looking Forwards (Part 2)
Editor’s Note: We asked editors Beth Van Schaack and Alex Whiting to do a roundup of the top international criminal justice stories from 2015 and what readers s…
Trusting Big Data Research
Abstract: Although it might puzzle or even infuriate data scientists, suspicion about big data is understandable. The concept doesn’t seem promising to most pe…
Bill O’Reilly will flee to Ireland if Sanders is elected. He’s in for a shock.
Bill O’Reilly, the host of Fox News’s “The O’Reilly Factor,” is threatening to flee the country if Sen. Bernie Sanders of Vermont — the self-described democrati…
James Comey’s Default-Encryption Bogeyman
FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption h…
When Toasters Attack: A Polycentric Approach to Enhancing the ‘Security of Things’
Scott Shackelford Indiana University - Kelley School of Business - Department of Business Law; Stanford Law School; Hoover Institution, Stanford University; Ce…
Content Is Content, No Matter How Small
Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked t…
Operationalizing Cybersecurity Due Diligence: A Transatlantic Comparative Case Study
Although much work has been done on applying the law of warfare to cyber attacks, far less attention has been paid to defining a law of cyber peace applicable b…
Racial surveillance has a long history
The path from Laquan McDonald’s summary execution by Chicago police officer Jason Van Dyke to the reluctant release — over a year later — by the Chicago Police…
Regulatory environment for platforms, online intermediaries, data and cloud computing and the collaborative economy
Submission to the European Commission. Includes Supplemental response to “Should action taken by hosting service providers remain effective over time ("ta…
The Weekly Standard makes a fact-free argument about political science. Here are some facts.
Over at the Weekly Standard, Steven Hayward has a new piece arguing that political science is on its last legs. His main evidence is that Stanford University’s…