Content moderation is typically viewed as an affront to free expression. When companies remove online abuse, they face accusations of censorship. Lost in the discussion is the fact that victims of intimate privacy violations and cyberstalking typically-and regrettably-withdraw from on-and offline activities. Online assaults chase targeted individuals offline; they silence victims. Content moderation can secure opportunities for people to speak. Legal and corporate prohibitions against intimate privacy violations and cyberstalking can help provide the reassurance that victims need to stay online. They can endow individuals with a sense of trust so they continue to use networked technologies to express themselves. Those prohibitions are consonant with First Amendment doctrine and free speech values. Combating online abuse isn't a zero-sum game with free speech as the loser. Rather, it can free us to speak by changing the culture that rewards abuse and encourages self-censorship.
National security decisions pose a paradox: they are among the most consequential a government can make, but are generally the least transparent to...
Musk’s attempts to gain access to agency databases is an egregious violation of the act, which protects personal information from abuse.
Between November and December 2024, news articles reported widespread incidents of small- and medium-sized drones flying across northeastern U.S...
Children should be seen and not heard, or so the old saying goes. A new version of this adage is now playing out across the United States, as more...
A resilience agenda is an essential part of protecting national security in a digital age. Digital technologies impact nearly all aspects of everyday...
During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
Today, intimate privacy—which seeks to protect access to and information about our body, health, sexuality, gender, intimate thoughts, desires...
This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...
Congress and state legislatures are showing renewed interest in youth privacy, proposing myriad new laws to address data extraction, addiction...
Content moderation is typically viewed as an affront to free expression. When companies remove online abuse, they face accusations of censorship. Lost...
This Essay expounds on the outsized role of private law in governing ownership of new technologies and data. As scholars lament gaps between law and...
Large language models (LLMs) now perform extremely well on many natural language processing tasks. Their ability to convert legal texts to data may...
Privacy is a key issue in AI regulation, especially in a sensitive area such as healthcare. The United States (US) has taken a sectoral approach to...
Reviewing, (For the Balkinization Symposium on) Solangel Maldonado, The Architecture of Desire: How the Law Shapes Interracial Intimacy and...
The 2024 edition of Selected Intellectual Property, Internet, and Information Law, Statutes, Regulations, and Treaties, edited by Professors Sharon K...
Colleges and universities nationwide struggled to respond to student protests this past academic year. And this fall may prove even more challenging...
We live in an age of student surveillance. Once student surveillance just involved on-campus video cameras, school resource officers, and tip lines...