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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Big Data in Small Hands
Big Data in Small Hands by Woodrow Hartzog & Evan Selinger “Big data” can be defined as a problem-solving philosophy that leverages massive datasets and al…
Privacy Substitutes
Privacy Substitutes by Jonathan Mayer & Arvind Narayanan Debates over information privacy are often framed as an inescapable conflict between competing int…
Consumer Subject Review Boards
Consumer Subject Review Boards by Ryan Calo There are only a handful of reasons to study someone very closely. If you spot a tennis rival filming your practice…
Tiny Salespeople: Mediated Transactions and the Internet of Things
Supreme Court Justice Samuel Alito wanted to dramatize how hard GPS surveillance would be for our nation’s founders to envision. It would take a “very tiny cons…
'Revenge porn' should be a crime
"Jane" allowed her ex-boyfriend to take her naked photograph because, he assured her, it would be for his eyes only. After their breakup, the man betr…
FISA Court Rolls Over, Plays Dead
Cross-posted from Forbes. A newly declassified opinion shows FISA court “oversight” in the face of egregious, unconstitutional and potentially criminal governm…
Hydraulic Fracturing Regulations and Trade Secrecy
Comments submitted to the Bureau of Land Management regarding Hydraulic Fracturing Regulations and Trade Secrecy. * Publication Type:Regulatory Filing * Publ…
The FTC and the New Common Law of Privacy
Also available for download from SSRN. Daniel J. Solove George Washington University Law School Woodrow Hartzog Samford University - Cumberland School of Law;…
NSA, DEA, IRS Lie About Fact That Americans Are Routinely Spied On By Our Government: Time For A Special Prosecutor
Cross-posted from Forbes. It seems that every day brings a new revelation about the scope of the NSA’s heretofore secret warrantless mass surveillance programs…
Digital Market Manipulation
Jon Hanson and Douglas Kysar coined the term “market manipulation” in 1999 to describe how companies exploit the cognitive limitations of consumers. Everything…
Urban Guerrilla & Piracy Surveillance: Accidental Casualties in Fighting Piracy in P2P Networks in Europe
Copyright law is facing its biggest challenge yet as it copes with technological development and an increasingly global information market. The advent of peer-t…
Fair Use for the Rich and Fabulous?
In two recent decisions concerning copyright’s fair use doctrine, the Second Circuit addressed the lawfulness of incorporating one creative work into a new one.…