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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ACLU v. Clapper Will End the Telephone Dragnet
Cross-posted from Just Security. Last week’s dramatic Second Circuit decision in ACLU v. Clapper, invalidated the alleged legal basis for the NSA domestic phon…
The Intelligence Time Machine
On Tuesday, members in the House and Senate introduced new versions of the USA Freedom Act that would prohibit bulk collection of records under Section 215 of t…
Surveillance forces journalists to think and act like spies
Once upon a time, a journalist never gave up a confidential source. When someone comes forward, anonymously, to inform the public, it's better to risk time…
Not ‘digital exhaust;’ rather ‘digital fossils’
Recently a member of Congress got into some pretty serious hot water over allegations he accepted numerous unethical, and perhaps illegal, favors including flig…
Two continents, two courts, two approaches to privacy
At 3:20 a.m. on August 24, 2014, the strongest earthquake in a quarter-centuryrocked the San Francisco Bay Area, causing damage widely estimated at between $300…
The right to life and the Martens Clause
Patrick Lin made interesting observations on the ethical notion of human dignity in the context of LAWS. Even if LAWS could act in accordance with IHL, taking o…
What’s new in the U.S. cyber strategy
The Department of Defense has just issued a new cyber strategy, which perhaps provides the best public presentation of how the United States thinks about cybers…
The new German spying scandal is a big deal
German media organizations, such as Der Spiegel and Die Zeit, are reporting on Thursday on a spying scandal that threatens to create new controversy over the NS…
What’s behind the Gazprom crisis?
The European Union has opened an initial antitrust case against Gazprom, the Russian government-owned gas and energy giant. It is accusing Gazprom of abusing it…
China's Great Cannon: New weapon to suppress free speech online
China, rated as the eighth most censored country in the world, in a report released by CPJ today, has long had a strong line of defense against free speech onli…
U.S. Policy on the ICC Crime of Aggression Announced
At the Annual Meeting of the American Society of International Law earlier this month,Professor Michael J. Matheson of George Washington University Law School c…
Trade Promotion Authority, the Trans Pacific Partnership, and Secrecy
The New York Times reported this afternoon that a Congressional agreement has been reached on so-called “fast track” authority for the Trans Pacific Partnership…