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March 6, 2024
OpenAI Strikes Back at New York Times in Copyright Spat, Deepening the Philosophical Dispute
As we discussed in January, the New York Times Company surprised many with the late December copyright infringement lawsuit it filed against OpenAI. Now the artificial intelligence (AI) giant has struck back, filing a motion to dismiss last week that casts light on fundamental differences in how we understand AI. Recall that the Gray Lady’s suit, and the response it…
March 5, 2024
AI’s Automatic Stabilizers
Automatic stabilizers are government mechanisms, like unemployment insurance and progressive taxes, that help to stabilize the economy without needing direction from Congress. In a similar way, there are a range of mechanisms that will automatically stabilize artificial intelligence (AI) adoption without Congress acting. In his must-read paper titled “Flexible, Pro-Innovation Governance Strategies for Artificial Intelligence,”…
March 1, 2024
(Un)Holy Digital Alliances
The political background and substantive implications of the recent US reversal on market-opening digital trade policies are now emerging with greater clarity. And what a tangled web has unfolded, with dissemblance, bold assertiveness, cozy political dealings, and a casual relationship with facts all combined in a fascinating stew. First, in the background, there is the…
February 27, 2024
The Still-Emerging Law of Stuff
Don’t mess with people’s stuff. It’s a casual expression of common sense that also reflects foundational property law. Secure property rights give people independence. Real property law makes our homes our castles. And, as Benjamin Constant articulated, the development of property rights in movables emancipated the peon. Imagine not having personal property rights. Cops and criminals…
February 27, 2024
Headlong Rush To Ban Communist China’s Deepseek Ignores Potential Upside of the AI Breakthrough
South Korea is the latest in a string of nations to prohibit Deepseek’s groundbreakingchatbot from operating, joining Australia, the Republic of China on Taiwan, Italy, and manyothers, including America, that have barred government employees from access to theplatform.Over the course of the last month, Deepseek has become a Rorshach test of sorts for thosewho use,…
February 26, 2024
Navigating the Data Security and Privacy Tightrope: Balancing the Biden Administration and European Rules on Tech
The White House’s Office of Science and Technology Policy (OSTP) recently updated its taxonomy of “critical and emerging technologies,” emphasizing the US government’s increased focus on data privacy and cybersecurity. This move, which revises and expands on a document last revised in 2022, comes at a crucial time: the digital landscape is rapidly evolving, influenced by groundbreaking…
February 23, 2024
Net Neutrality and the Future of State Broadband Regulation
Once Democrats finally secured a 3-2 majority in the Federal Communications Commission (FCC) last fall, the agency lost no time in approving a long-anticipated proposal to reintroduce net neutrality by reclassifying broadband providers as common carriers. While its commitment to reclassification seems unwavering, the agency has equivocated about the preemptive effect of agency action. This…
February 20, 2024
“Getting Rid of Icky” Isn’t Enough for the First Amendment
The algorithms know and love me, so LinkedIn pointed me the other day to a webinar cum gripe session put on by George Washington University Law Professor Daniel Solove and Cornell University Law Professor Gautam Hans about a case called NetChoice v. Bonta. They lamented a district court ruling last year enjoining enforcement of the California Age-Appropriate Design Code Act,…
February 20, 2024
Who Is Ultimately Responsible for Children’s Internet Safety?
Last week, Project Liberty released the results of a survey of 14,000 adults in seven countries—Brazil, China, France, India, South Africa, the United Kingdom, and the United States—that found “people are deeply worried that social media opens the door to a range of harms for young people.” According to the study, “65% say they are ‘very concerned’…
February 16, 2024
Child Online Safety Enforcement at Scale
All of the players involved in social media, including the large platforms, want to deal with the problem of child sexual exploitation and abuse (CSEA) offenses. But the sheer volume of reporting has created problems. Last year, the Wall Street Journal reported on how an online safety activist flagged potential underage sex content to Instagram, only to receive…