This decision, Andy Warhol Foundation for the Visual Arts v. Goldsmith, came out only a few weeks ago, yet before the Supreme Court ruled in Google v. Oracle. In light of that latter decision it’s not clear that this one is still good law. Then agai…
Read moreAuthor: Cathy Gellis
What Stevie Ray Vaughan Can Teach Us About Security Design
The SolarWind intrusion, with the revelation that part of the architecture included, at least for a while, a really weak default password, and the hack of the water treatment plant with a similar password reuse problem, reminded me of this story I h…
Read moreOh The Culture You’ll Cancel, Thanks To The Ninth Circuit And Copyright
If everyone’s going to be talking about Dr. Seuss, then we need to talk about this terrible decision from the Ninth Circuit a few months ago. Not to validate the idea of “cancel culture” in the particular way it’s often bandied about as a sort of wh…
Read moreThe Digital Copyright Act: We Told Senator Tillis Not To Do This, But He Did It Anyway. So We Told Him Again.
Back in December, the Copia Institute submitted comments to Senator Tillis, who wanted feedback on making changes to the DMCA. It was a tricky needle to thread, because there’s a lot about the DMCA that could be improved and really needs to be improv…
Read moreWashington State Also Spits On Section 230 By Going After Google For Political Ads
In the post the other day about Utah trying to ignore Section 230 so it could regulate internet platforms, I explained why it was important that Section 230 pre-empted these sorts of state efforts:
Just think about the impossibility of trying…
Read moreThe Unasked Question In Tech Policy: Where Do We Get The Lawyers?
When we criticize Internet regulations like the CCPA and GDPR, or lament the attempts to roll back Section 230, one of the points we almost always raise is how unduly expensive these policy decisions can be for innovators. Any law that increases the…
Read moreUtah Prematurely Tries To Dance On Section 230’s Grave And Shows What Unconstitutional Garbage Will Follow If We Kill It
As Mike has explained, just about every provision of the social media moderation bill being proposed in the Utah legislature violates the First Amendment by conditioning platforms’ editorial discretion over what appears on its services—discretion th…
Read moreWhat Landing On Mars Again Can Teach Us, Again
It seems I’m always writing about Section 230 or copyright or some sort of regulatory effort driven by antipathy toward technology. But one of my favorite posts I’ve ever written here is this one, “We Interrupt All The Hating On Technology To Remind…
Read moreIs Section 230 Just For Start-ups? History Says Nope
One of the arguments for changing Section 230 is that even if we needed it a long time ago when the Internet was new, now that the Internet has been around for a while and some of the companies providing Internet services are quite big, we don’t nee…
Read moreWhy We Filed A Comment With Facebook’s Oversight Board
Back when Facebook’s Oversight Board was just getting organized, a colleague suggested I represent people before it as part of my legal practice. As a solo lawyer, my entrepreneurial ears perked up at the possibility of future business opportunities…
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