Still Not a Dump Truck: Net Neutrality and the First Amendment

The D.C. Circuit’s decision in U.S. Telecom Assn. v. FCC came down yesterday. To the delight of net neutrality fans and dismay of many big ISPs, the court held 2-1 that the FCC’s reclassification of broadband under Title II was permissible as a matter of statutory, administrative, and constitutional law. I’m still digesting the first […]

Against Jawboning

I’d be grateful for feedback on a new draft article, Against Jawboning, coming out in volume 100 of the Minnesota Law Review. Here’s the abstract: Despite the trend towards strong protection of speech in U.S. Internet regulation, federal and state governments still seek to regulate on-line content. They do so increasingly through informal enforcement measures, […]

Orwell’s Armchair

The final version of Orwell’s Armchair, 79 University of Chicago Law Review 863 (2012) , is available on-line (and in print, for those of you who roll old-school). Here’s the abstract: America has begun to censor the Internet. Defying conventional scholarly wisdom that Supreme Court precedent bars Internet censorship, federal and state governments are increasingly […]

The Obama Administration and Chutzpah

I’ve posted a new essay, titled Chutzpah, to SSRN. It’s forthcoming in the peer-reviewed Journal of National Security Law and Policy. Here’s the abstract: President Barack Obama campaigned on a platform of governmental transparency. This Essay examines how his administration has implemented this commitment in two policy areas: Internet communication, and intellectual property. It finds […]

The Fight For Internet Censorship

Thanks to Danielle and the CoOp crew for having me! I’m excited. Speaking of exciting developments, it appears that the Stop Online Piracy Act (SOPA) is dead, at least for now. House Majority Leader Eric Cantor has said that the bill will not move forward¬†until there is a consensus position on it, which is to […]

Transparency, Internet Freedom, and IP

On Saturday, January 7, at 8:30AM (yes, that’s early, bring coffee), I’ll be speaking on a panel on Governmental Transparency in the Digital Age, run by the National Security Section of the AALS. It’s in Delaware Suite B on the lobby level of the Marriott Wardman Park Hotel. In addition to having painful flashbacks to […]

TechDirt on PROTECT IP

Mike Masnick has an article up at TechDirt about my podcast with Jerry Brito, whose Surprisingly Free series is the place to be seen (er, heard) for law geeks. Mike picks up on a major point of Orwell’s Armchair: let’s be transparent. If we intend to censor the Internet, then we should be willing to […]

America Censors the Internet

If you’re an on-line poker player, a fan of the Premier League, or someone who’d like to visit Cuba, you probably already know this. Most people, though, aren’t aware that America censors the Internet. Lawyers tend to believe that a pair of Supreme Court cases, Reno v. ACLU (1997) and Ashcroft v. ACLU (2004), permanently […]

Orwell’s Armchair: Soft Internet Censorship in America

I’ve just uploaded a new paper, Orwell’s Armchair, to SSRN. It is coming out next year in the University of Chicago Law Review. I’d love to have feedback on the piece – my contact information is in the author footnote. Here’s the abstract: America has begun to censor the Internet. Defying conventional scholarly wisdom that […]

Letter on PROTECT IP Act

David Post, Mark Lemley, and David Levine have drafted a terrific letter opposing the PROTECT IP Act, which passed the Senate Judiciary Committee unanimously and seemed headed for President Obama’s desk until Senator Ron Wyden placed a hold on it. I’ve signed the letter, along with pretty much every other Internet law and IP professor […]