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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How Technology Broke Privacy
One of the greatest challenges of living in the future is that it mostly looks just like the present. We have self-driving cars, commercial spaceflight, powerfu…
Eternal vigilance is a solvable technology problem: A proposal for streamlined privacy alerts
Consider three recent news articles about online privacy: Google+ added a new feature that shows view counts on everything you post, including your photos. It’…
Debunking the First Amendment Myths Surrounding Revenge Porn Laws
Disclosing someone’s nude image in violation of trust and confidence (often known as nonconsensual pornography or revenge porn) is a destructive invasion of pri…
Letter to the Marlene H. Dortch, Secretary, Federal Communications Commission, Notice of Ex Parte Meeting, GN Docket, Nos. 09-191 & 14-28 (2014)
Download Lettervan Schewick 2012 BEREC comments final version.pdf137 KBdownload-circle…
Protecting Sexual Privacy with Law
Technological change is at the heart of much information privacy law. Recall privacy law’s beginning. In 1890, Samuel Warren and Louis Brandeis, then law partne…
Yes, Net Neutrality Is A Solution To An Existing Problem
While AT&T, Comcast, and Verizon have argued -- with incredible message discipline -- that network neutrality is "a solution in search of a problem,&qu…
5 Key Quotes from the FTC v. Wyndham Decision on Data Security
Cross-posted from LinkedIn. This post was co-authored by Professor Daniel Solove. The long-awaited federal district court opinion in FTC v. Wyndham was finall…
The FTC as Data Security Regulator: FTC v. Wyndham and Its Implications
Co-authored with Daniel Solove. In the field of data security law, hardly any case has had as much at stake as Federal Trade Commission v. Wyndham. The FTC has…
Who Will Pay for the Zero Marginal Cost Society?
Jeremy Rifkin's book, The Zero Marginal Cost Society, is at times thrilling, at times encyclopedic, and at times possibly hyperbolic. It is very well-writte…
Interconnection Disputes Are Network Neutrality Issues (of Netflix, Comcast, and the FCC)
Cross-posted from CircleID. A lot of people have been talking about the "interconnection" deal between Comcast and Netflix and whether that deal is r…
The FTC and Privacy and Security Duties for the Cloud
Third-party data service providers, especially providers of cloud computing services, present unique and difficult privacy and data security challenges. While m…
What Does the Internet of Things Mean for Corporate Secrecy?
Last week, a new group called the Industrial Internet Consortium—made up of several technology companies including AT&T, Cisco, GE, IBM, Intel and interesti…