We’re Missing the Point in the Trump-Facebook Ban Story

If there’s one thing that social media loves, it’s talking about social media. It’s no surprise, then, that this week’s internal review at Facebook about whether Donald Trump’s account should be reinstated has chewed up hashtags and trends around the world. If you recall, social networks like Twitter and Facebook banned The Donald in the… Read More

What the First Amendment Actually Means Online

Having a debate about the First Amendment in law school was never something that interested me. For some reason, everyone else was always energized by the idea of debating the contours of permissible expression, or what constituted the prior restraint on the press, but I always preferred structure and process-driven questions about federalism, the Administartive… Read More

The Biggest Crisis

We hear the word “crisis” a lot these days. A phenomenon of our age is that issues are transformed into crises, and many crises are transformed into existential threats. Think about the way we looked at online harms and screen time for children. Just a year or two ago, the rage was the claim that… Read More

The Undefended Principles of a Free Internet

For most of us who remember a time before widespread access to the Internet (it was mostly Donald Duck games on your Commodore), going online was a decidedly American-feeling affair.  One could be forgiven the thought, given that the largest internet service provider for years was….America Online.  And, largely, that tracked the history and development… Read More

The World’s Toughest Internet Law?

It seems that every time we turn around, there’s new data or Internet legislation on the table that the media describes along the lines of  “similar to the GDPR,” or “GDPR-like.”  It makes sense, of course, given that the GDPR is the most important legislation on privacy in several generations, though it can blur some… Read More

The Joke’s On You

There are times when it’s difficult to pick a topic to write about for this blog, because data privacy and data partnerships are such broad subjects that it’s like selecting from an unlimited menu of issues.  We could discuss GDPR or CCPA or a data breach or technological trends or creating a mutually beneficial data… Read More

The Values Crisis

Let’s talk about values. We sometimes talk about “use cases” for data, which is a shorthand for “how do you intend to make this particular information set perform a new category of work or combine with other information sets to perform a new category of work.”  It’s important, as we discuss in Data Leverage, to… Read More

This Is Why We Can’t Have Nice Things, EU Parliament.

Really, people?  The EU goes through a forty-year process to craft the most meaningful development in privacy law to protect individual privacy, trade, culture, and exchange on the internet against the Information-Industrial Complex, and then 20 months later passes a law that will dramatically strengthen the market position of….the Information Industrial Complex?  In fact, the… Read More