Hey Platforms: Add TAKE IT DOWN To Your Transparency Reports
Today marks the deadline for online platforms to implement a process for notice-and-takedown of nonconsensual intimate imagery (NCII) under the TAKE IT DOWN Act…
Publications
Data Privacy and Foundation Models: Can We Have Both?
This brief examines the privacy risks foundation models pose to individuals and society, and governance mechanisms needed to address them. Key Takeaways * F…
AI, Art, & Crime
In early February, I was on a fascinating panel put on by Helen Maria Nugent at CCA about AI and Art: Contemplating an Algorithmic Future, as part of CCA’s Afte…
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Comments to the European Commission’s Exploratory Consultation on Mandated Network Access Fees
White Paper submitted to the European Commission’s Exploratory Consultation on Mandated Network Access Fees. * Publication Type:White Paper / Report * Publ…
Letter to European Commission re proposed regulation on child sex abuse
Comments provided to the European Commission in response to its proposal for a regulation on fighting child sexual abuse online, which is available here. *…
Comments on Draft BEREC Guidelines on the Implementation of the Open Internet Regulation
Comments submitted to BEREC's Public Consultation on the Draft BEREC Guidelines on the Implementation of the Open Internet Regulation. See also the White Pa…
The Impact of the ECJ’s 2020 and 2021 Zero-rating Judgments on Zero-rating and Differentiated Pricing in the European Union
White Paper submitted to BEREC's Public Consultation on the Draft BEREC Guidelines on the Implementation of the Open Internet Regulation. See also the Comme…
Brief of Internet Law Professors as Amici Curiae in Support of Defendant-Appellant
The district court held that New York’s Affordable Broadband Act, N.Y. Gen. Bus. Law § 399-zzzzz (“ABA”), is preempted because Congress occupied the entire fiel…
Brief of Amici Curiae Internet Law Professors in Support of Appellee
ACA Connects, et al., Plaintiffs-Appellants, v. Rob Bonta, Defendant-AppelleePlaintiffs argue SB-822 is preempted because Congress occupied the entire field of…
Study on Dynamic Blocking Injunctions in the European Union (EUIPO)
(with Olexandr Bulayenko) On the basis of the analysis of norms, cases and practices in the EU and 12+1 selected Member States (Belgium, Denmark, Finland, Fran…
Setting the Record Straight: Carriers Can Help Veterans and Comply with California’s Net Neutrality Law
On Wednesday, Politico reported on a leaked email from the Department of Veterans Affairs, expressing concern that California’s net neutrality law could force s…
Taking Fundamental Rights Seriously in the Digital Service Act’s Platform Liability Regime
(with Christophe Geiger) This study highlights how the fundamental rights framework should inform the liability regime of platforms foreseen in secondary EU la…
The FTC Zoom Case: Does the FTC Need a New Approach?
It was inevitable. On Monday, Zoom joined an exclusive club of tech companies – Facebook, LinkedIn, Twitter, Microsoft, Google, Uber, Snap, and more. This club…
A Duty of Loyalty for Privacy Law
It wasn’t supposed to be like this. When the Internet emerged in the mid-1990s, it was heralded as an unprecedented technology of human empowerment; a place whe…
Brief of Professors of Internet Law as Amici Curiae in Lawsuit over California Net Neutrality Law
On September 30, 2020, a group of seven Professors of Internet Law, led by Barbara van Schewick, Professor of Law and Director of the Center for Internet and So…