With the Senate about to pass the TikTok ban/divestment bill, some thoughts in
@lawfare are on the FIrst Amendment implications. Short version: The level of constitutional scrutiny doesn't matter. And the main issue is Chinese influence, not data privacy.
https://www.lawfaremedia.org/article/five-observations-on-the-tiktok-bill-and-the-first-amendment
Five Observations on the TikTok Bill and the First Amendment
The law’s survival doesn’t hinge on the level of constitutional scrutiny. And the main issue isn’t really data privacy; it’s Chinese influence.
🚨 New paper! Thanks to the Yale Journal on Regulation Bulletin
for publishing my essay, "Interpreting the Ambiguities of Section 230," in which I argue that refocusing on Section 230 as a standard statutory interpretation problem rather than a policy debate over liability is the best path forward for courts.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4800612Correcting Presidential Immunity's Original Sin
In both civil and criminal cases, presidents should generally receive qualified, not absolute, immunity for official acts.
I have a new piece up on
@lawfare arguing that the First Amendment does not generally protect the distribution of machine-learning model weights. This is an important legal issue as the government considers AI export controls.
https://www.lawfaremedia.org/article/there-is-no-general-first-amendment-right-to-distribute-machine-learning-model-weights
There Is No General First Amendment Right to Distribute Machine-Learning Model Weights
Unlike source code, which humans use to express ideas to each other, model weights function primarily as machine-readable instructions.
Section 230 watchers: does anyone know of a good piece that analyzes the legal (not policy) arguments for and against FCC jurisdiction over Section 230?
ChatGPT and the First Amendment: Whose Rights Are We Talking About?
If ChatGPT is granted First Amendment rights, it won’t be because we are convinced that it has attained human-like personhood.
Tech law/policy friends: what are some good examples of when the tech industry (in particular the big platforms) successfully lobbied Congress (e.g., SOPA, encryption) and when they tried and failed (e.g., SESTA/FOSTA)? Ultimately, are they good lobbyists?
RT @1Br0wn
Good to see this detailed analysis by
@arozenshtein. We tried making some of these points to the @EUCouncil during the
#DigitalMarketsAct final negotiations, to justify keeping the @Europarl_EN’s
#socialnetworking #interoperability mandate. But key players seemed wilfully deaf 😡
Lawfare
Bill Woodcock