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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Don’t fear the robot car bomb
Within the next few years, autonomous vehicles—alias robot cars—could be weaponized, the US Federal Bureau of Investigation (FBI) fears. In a recently disclosed…
The Case for Net Neutrality
For all the withering criticism leveled at the White House for its botched rollout of HealthCare.gov, that debacle is not the biggest technology-related failure…
Did PCLOB Answer My Eight Questions About Section 702?
TL;DR: A little bit, but not enough. Yesterday, the Privacy and Civil Liberties Oversight Board (PCLOB) issued a massive report about the legally and technolog…
The Facebook Experiment: Gambling? In This Casino?
Cross-posted from Recode. By Jules Polonetsky and Omer Tene Critics have spent the last few days castigating Facebook for a large-scale experiment conducted b…
How to Stop Facebook From Making Us Pawns in Its Corporate Agenda
Cross-posted from Wired. You didn’t know it, but Facebook used some of you to manipulate your friends. Even though you can’t anticipate how a company will int…
Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look Like
Forthcoming, Stanford Law Review, Volume 67, Issue 1 (2015) Public Law and Legal Theory Working Paper Series Research Paper No. 2459568 John M. Olin Program i…
SCOTUS & Cell Phone Searches: Digital is Different
Cross-posted from Just Security. Today, the Supreme Court unanimously invalidated warrantless searches of cell phones incident to arrest in Riley v. California…
Are General Threats of Violence Against Groups Punishable?
Cross-posted from Forbes. Under the name “Foss Dark,” University of Washington student Keshav Bhide wrote online: Everything Elliot did is perfectly justified…
New Ruling Shows the NSA Can’t Legally Justify Its Phone Spying Anymore
Cross-posted from Wired. The Eleventh Circuit Court of Appeals said no this week to tracking your movements using data from your cell phone without a warrant w…
John Oliver’s Hilarious Net Neutrality Piece Speaks the Truth
Cross-posted from Slate. Last Sunday, on John Oliver's new HBO show Last Week Tonight, the former Daily Show fixture introduced net neutrality to millions…
Lessons from the Elliot Rodger Attack: Taking Online Threats Seriously
Cross-posted from Forbes. To New York Times reporter Jennifer Medina, Professor Adam Winkler wisely remarked that although there isn’t an easy solution to mass…
Charges Against Chinese, and U.S. Policy on Hacking
Cross-posted from The New York Times Opinion Pages. To the Editor: Re “5 in China Army Face U.S. Charges of Cyberattacks” (front page, May 20): On Monday, fe…