Reflections on the 25th Anniversary of the 9/11 Attacks
Article
AEIdeas

Reflections on the 25th Anniversary of the 9/11 Attacks

It’s possible to overcome fear. It’s possible to be confident about our security, our country, its people, and our traditions. Though our country has been relatively small and scared (and…

When ICE Chills Speech: Lawsuit Challenges Playbook for Silencing Online Critics
Article
AEIdeas

When ICE Chills Speech: Lawsuit Challenges Playbook for Silencing Online Critics

The First Amendment lawsuit of Streever v. Mullin challenges ICE’s use of hand-delivered warning notices to online critics of its actions and personnel. The notices warn recipients about potential violations…

Court Decision Shines Light on AI-Generated Child Pornography
Article
AEIdeas

Court Decision Shines Light on AI-Generated Child Pornography

The advent of AI-generated CSAM at scale was similarly unimaginable to the Ashcroft court and, at a minimum, warrants reconsideration of the rationales underlying that decision.

Can Non-Binding AI Principles Survive a Binding EU Rulebook?
Article
Substack

Can Non-Binding AI Principles Survive a Binding EU Rulebook?

Brussels produced a detailed framework for financial fines. The question is which of those plans investors will view as the real regulator of where AI is heading.

Australian Evidence Reinforces Prohibition-Era Lessons for Social Media Regulators
Article
AEIdeas

Australian Evidence Reinforces Prohibition-Era Lessons for Social Media Regulators

Regulating supply does not remove the real underlying demand for the product, though, or obviate the fact that enterprising consumers will find ways to satisfy their demand through entrepreneurial suppliers,…

Unpacking Meta’s Massive Settlement with State Attorneys General Over Alleged Harms to Minors
Article
AEIdeas

Unpacking Meta’s Massive Settlement with State Attorneys General Over Alleged Harms to Minors

Last month’s settlement between Meta Platforms and the attorneys general of 48 states entails both monetary payments and design changes to Facebook and Instagram. It also attempts to get competitors…

New Zealand’s New Dose of the Canberra Age-Gating Contagion Portends Political Purpose
Article
AEIdeas

New Zealand’s New Dose of the Canberra Age-Gating Contagion Portends Political Purpose

Political courage requires putting social media age-gating proposals through proportionate policy analysis rather than profiting on the political popularity of imperfect laws.

Can AI Make Justice More Just?
Article
AEIdeas

Can AI Make Justice More Just?

Shane is joined by Benjamin Alarie, and they discuss how AI could reshape legal practice, accelerate lawyers’ learning and work, and make the legal system more accessible.

Why Regulate Chatbots? Florida’s Lawsuit Against OpenAI Offers Possibilities
Article

Why Regulate Chatbots? Florida’s Lawsuit Against OpenAI Offers Possibilities

Florida Attorney General James Uthmeier’s lawsuit against OpenAI and Sam Altman over ChatGPT likely offers a plaintiff’s playbook against chatbot companies while also telegraphing to lawmakers purported problems with chatbots…

By the Time Governments Are Regulating AI, They’re Regulating the Past
Article
RealClearMarkets

By the Time Governments Are Regulating AI, They’re Regulating the Past

AI policy should let the government be a leading AI user without limiting legitimate users of AI.

A California Showdown Over Platforms’ Expressive Rights, Users’ Interests, and Personalized Algorithmic Feeds
Article
AEIdeas

A California Showdown Over Platforms’ Expressive Rights, Users’ Interests, and Personalized Algorithmic Feeds

Google, Meta, and TikTok are fighting a California statute that targets personalized content feeds to minors and raises important questions about both the First Amendment expressive rights of platforms in…

Regulating AI in an Age of Global Competition
Article
AEIdeas

Regulating AI in an Age of Global Competition

Shane is joined by Adam and Milton to discuss the ongoing debate over AI governance.

Trump’s Posts May Prove Comey’s Vindictive and Selective Prosecution Claims
Article
AEIdeas

Trump’s Posts May Prove Comey’s Vindictive and Selective Prosecution Claims

James Comey’s recent motion to dismiss his seashells threats indictment on vindictive and selective prosecution grounds relies partly on President Trump’s own social media posts. This motion to dismiss is…

Age Gating, Indian-Style
Article
AEIdeas

Age Gating, Indian-Style

The Indian experience with digital identity verification using Aadhaar may prove informative if the need to ensure child social media safety is seen to be sufficiently important to necessitate the…

Human-by-Law: The Legal Prohibitions That Will Limit Transformative AI
Article
AEIdeas

Human-by-Law: The Legal Prohibitions That Will Limit Transformative AI

How our political and legal system answers these questions will determine how deeply AI transforms the economy.