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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College textbooks are a racket
The Orange County Register reports that Alain Bourget, a math professor at Cal State Fullerton, is in danger of serious disciplinary action from his employer. H…
Update on Apple’s Compelled-Decryption Case
Last week, we wrote about an order from a federal magistrate judge in New York that questioned the government’s ability, under an ancient federal law called the…
What is it that Homeland understands about international politics but that Robert Kagan simply doesn’t get?
Showtime’s hit show Homeland understands a key political dynamic that pundits and international relations scholars often fail to get. Global politics is less an…
Lawful Hacking After the Encryption Debate
The Obama administration has apparently decided not to support exceptional access proposals that would provide law enforcement with the means to access data on…
Here’s why the Iraq War may have helped trigger the financial crisis
Thomas Oatley is the author of “The Political Economy of American Hegemony: Booms, Buildups and Busts.” His book argues that when America goes to war it borrows…
New EU Law Will Tell U.S. What Can Be Said — And Built — On the Internet
Americans have long been ignoring European data protection law, but it has not been ignoring us. Last year’s so-called “right to be forgotten” case from the EU’…
Opinion: Why we all have a stake in encryption policy
In William Gibson's latest novel, "The Peripheral," he imagines a future in which people have the ability to effortlessly encrypt spoken conversat…
Edward Snowden has proposed a new treaty. Here’s why it might or might not take off.
At the Council for Foreign Relations Web site, David Fidler says that Edward Snowden isn’t radical enough. He identifies three problems with the proposal that S…
Users' Patronage: The Return of the Gift in the "Crowd Society"
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts ha…
The Special Rapporteur on Torture’s Report on Extraterritoriality Speaks to Migrant Crisis
The United Nations Special Rapporteur on Torture, Juan E. Méndez, has issued a new expert’s report (his 17th)—this one on extraterritoriality. (JustSecurity’s e…
Here’s how the Facebook case has just transformed the surveillance debate
The European Court of Justice, Europe’s highest court, has just shot down the Safe Harbor, an arrangement between the European Union and the United States allow…
This privacy activist has just won an enormous victory against U.S. surveillance. Here’s how.
The European Court of Justice, Europe’s highest court, has just ruled that the Safe Harbor, an arrangement between the European Union and the United States allo…