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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The FBI is mad because it keeps getting into locked iPhones without Apple’s help
The debate over encryption continues to drag on without end. In recent months, the discourse has largely swung away from encrypted smartphones to focus instead…
Op-Ed: Coronavirus tracing apps are coming. Here’s how they could reshape surveillance as we know it
Last week, the world got a preview of how Google and Apple’s contact tracing project might look and function. Some privacy and security experts have expressed c…
Don’t use face recognition to fight COVID: We need disease surveillance, not a surveillance state
By EVAN SELINGER and WOODROW HARTZOG When it came to light that Clearview AI, the dubious tech company that scraped billions of images of people without their…
Facebook Filters, Fundamental Rights, and the CJEU’s Glawischnig-Piesczek Ruling
Full paper available at GRUR International. Abstract The Court of Justice of the European Union’s (CJEU) 2019 ruling in Glawischnig-Piesczek v Facebook Irelan…
COVID-19 Contact Tracing and Privacy: Studying Opinion and Preferences
Abstract There is growing interest in technology-enabled contact tracing, the process of identifying potentially infected COVID-19 patients by notifying all re…
The Oxford Handbook of Online Intermediary Liability
(Oxford University Press, edited by Giancarlo Frosio) The theoretical—and market—background against which the intermediary liability debate developed has chang…
The Marco Civil da Internet and Digital Constitutionalism
Abstract and Keywords Between 2009 and 2014, Brazilian civil society groups and government engaged with and ultimately approved the Marco Civil da Internet (Ci…
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
Abstract and Keywords This chapter discusses remedies for online intermediary liability with special emphasis on remedies for intellectual property (IP) infrin…
The Right to Be Forgotten in the European Union
Abstract and Keywords This chapter discusses data protection aspects of liability of online intermediaries with special emphasis on the right to be forgotten a…
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Abstract and Keywords The reach of privately ordered online content regulation is wide and deepening. It is deepening with reference to the internet’s protocol…
Privacy and New Google-Apple COVID-19 Tracing Technology
On Monday, May 4, Google and Apple shared sample code for their new contact tracing technology—tools that they have jointly developed to help to slow the spread…
The EARN IT Act is a disaster amid the COVID-19 crisis
Before the novel coronavirus arrived on its shores, the United States had spent decades becoming a heavily digitized society. Now, the pandemic is deepening tha…