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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Trade Promotion Authority Bill Falls Short of Ensuring Transparency and the Public Interest
Cross-posted from Infojustice.org. Contacts: Sean Flynn, American University Washington College of Law, 202-274-4157, sflynn@wcl.american.edu Margot Kaminski,…
The Scored Society: Due Process for Automated Predictions
Download the paper here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2376209 The Scored Society: Due Process for Automated Predictions Danielle Keats C…
Why Grandma Shouldn't Have Posted Instagram Pics On Facebook
Cross-posted from Forbes. A well-intentioned grandmother accidentally hurt her grandkids’ feelings. She took screenshots of their delightful Instagram photos a…
Just the Right Amount of Cyber Fear
Cross-posted from The Atlantic. If our leaders don’t even use email, can we trust them to make decisions about our brave new e-world? In a book released a few…
The Need to Be Open: U.S. Laws Are Killing the Future of Robotic
Cross-posted from Mashable. The next step in transformative technology is already here, and the United States runs the risk of getting left behind. The amount…
Prediction: Fourth Amendment Evolves in 2014
Cross-posted from Just Security. When should courts follow legal precedent and when should the law change? This is a debate that underlies this month’s contra…
The best week for privacy in a long time
Cross-posted from CNN. When President Barack Obama responded to this summer's torrent of disclosures about the National Security Agency by commissioning a…
NSA's Creative Interpretations Of Law Subvert Congress And The Rule Of Law
Cross-posted from Forbes. In the wake of today’s tremendously important ruling by the District Court for the District of Columbia that bulk collection of telep…
How the NSA Piggy-Backs on Third-Party Trackers
Cross-posted from Slate. By Edward Felten and Jonathan Mayer Snooping on the Internet is tricky. The network is diffuse, global, and packed with potential tar…
Mass Location Tracking: It’s Not Just For the NSA
Thanks to Edward Snowden we now understand that the NSA runs many dragnet surveillance programs, some of which target Americans. But a story yesterday from Wash…
Creative Revenge Porn Charges Filed In California
Cross-posted from Forbes. The Attorney General of California, Kamala Harris, announced today that her office is seeking criminal charges against the operator o…
Cellphone Companies Reveal How Often They Hand Your Data Over to Law Enforcement
Cross-posted from Slate. Cellphones are the spies in our pockets, gathering information about whom we befriend, what we say, where we go, and what we read. Tha…