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 Do You Ticket a Driverless Car?
Ever since the 1930s, self-driving cars have been just 20 years away. Many of those earlier visions, however, depended on changes to physical infrastructure tha…
Managing Autonomous Transportation Demand
“Today we are well underway to a solution of the traffic problem.”1 This claim, made by Robert Moses in 1948, is as true today as it was then. Which is to say,…
Why the FCC should prevent ISPs from micromanaging our lives
by Brett Frischmann and Evan Selinger Network neutrality prevents broadband Internet service providers from micromanaging our lives online. Constraining the ne…
Brief Amici Curiae of the Center for Democracy & Technology and Legal Scholars in Support of Appellee
STATEMENT REGARDING CONSENT TO FILE AND SEPARATE BRIEFINGAll parties and intervenors have consented to the filing of this brief. Amici Curiae filed their notice…
Automated Vehicles are Probably Legal in the United States
Bryant Walker Smith, Automated Vehicles Are Probably Legal in the United States, 1 Tex. A&M L. Rev. 411 (2014) (SSRN) This 2014 law review article (an upda…
Comments on the European Commission’s Public Consultation on Specific Aspects of Transparency, Traffic Management and Switching in an Open Internet
I welcome the opportunity to comment on the European Commission’s Public Consultation on Specific Aspects of Transparency, Traffic Management and Switching in a…
The Next Big Battle in Internet Policy
For two years, network neutrality, the nation’s most high-profile and contentious Internet policy conflict has taken a backseat to other debates—privacy investi…
Language, legality and liability
Bryant Walker Smith and Tom Gasser address the legal complexities that could threaten to bedevil the automated vehicle program. Read the full article in Thinki…
The Knockoff Economy: How Imitation Sparks Innovation
Book Website From the shopping mall to the corner bistro, knockoffs are everywhere in today's marketplace. Conventional wisdom holds that copying kills cre…
Internet Architecture and Innovation
Book Website MIT Press / 14 September 2012 (Paperback) MIT Press / 17 August 2010 (Hardcover) Today—following housing bubbles, bank collapses, and high unemplo…
How to build effective cyber defenses
An op-ed from CNN. Top Obama administration officials have been pressing the U.S. Congress hard for legislation to improve network security for the computer sy…
The Life, Death, and Revival of Implied Confidentiality
The concept of implied confidentiality has deep legal roots, but it has been largely ignored by the law in online-related disputes. A closer look reveals that i…