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 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…
Keeping Secrets
What ifyour research could help solve a looming national problem, but government officials thought publishing it would be tantamount to treason? A Stanford prof…
The Building Blocks of Hybrid Justice
The commission of mass atrocities — genocide, crimes against humanity, and war crimes — inevitably generates clarion calls for accountability from a range of in…
The Many Faces of Complicity in International Law
This paper captures remarks made at the 2015 Annual Meeting of the American Society of International Law on a panel devoted to exploring the scope of complicity…
Crimes Against Humanity: Repairing Title 18's Blind Spots
This is a contribution to a feshrift devoted to Professor William Schabas. It takes as its starting point President Obama's atrocities prevention and respon…
Here’s how Washington weaponized America’s IT companies and why it backfired
Two months ago, the European Court of Justice issued a ruling that effectively invalidated the Safe Harbor arrangement, an agreement that big U.S. multinational…
OmniCISA Pits DHS Against the FCC and FTC on User Privacy
On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier…
T-Mobile Is Likely Violating Net Neutrality
Earlier this year, the Federal Communications Commission adopted a much-celebrated net neutrality order, which is now on appeal before a federal court. That dec…
The Transatlantic Data War
Last October, the European Court of Justice struck down the Safe Harbor agreement, a 15-year-old transatlantic arrangement that permitted U.S. companies to tran…
Don’t Forget the Other Legal Issues in the 9/11 Trial
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous we…
NSA Surveillance Programs Are Far From Over Despite New Limitations
Here’s what the change really means for U.S. citizens. The Office of the Director of National Intelligence (ODNI) recently announced that as of “Sunday, Novemb…
Donald Trump’s attacks on Muslims fit a pattern of persecution. Just ask Jews, Catholics and Mormons.
David T. Smith (@dtsmith_sydney) is a senior lecturer at the United States Studies Centre and the Department of Government and International Relations at the Un…