As has been widely reported, the law called Section 230 of the Communications Decency Act (1996) has featured in a political cacophony that has been becoming more ridiculous since the day Twitter first presumed to label Trump’s disinformation for what it was, and which has continued to exacerbate legislative dysfunction down to the final hours in this toxic year. After ...

Right after Mark Zuckerberg delivered his 40-minute address at Georgetown University on October 17, articulating his views on the speech right and the role of Facebook, several very good editorials appeared almost immediately. Most recognized the speech for what it was—PR for a corporation by a CEO who has no particular reason to be expounding on constitutional rights or history.   ...

It remains a popular talking point among copyright skeptics to say that copyright limits free speech.  When this refrain was played a little over a week ago on Twitter by ReCreate’s Joshua Lamel, I responded that those who keep saying it are “hair-splitting to the point of pedantry.”  Lamel replied with the assertion that everyone agrees with this trope—all copyright scholars across the spectrum ...

I’ve been traveling and am, therefore, late to mention that the hotly-contested EU Copyright Directive passed last week. Not surprisingly, the usual critics have spared little hyperbole referring to the new legislation as the “end of the open internet” and a “disastrous decision.” Meanwhile, many of the copyright proponents I know view the directive as having had the teeth negotiated out of ...

This refrain keeps playing over in my head lately:  The EFF and its sister organizations are to cyberlaw as the NRA is to rational gun policy in America.  That seems like a pretty harsh thing to say about a bunch of progressives (and one must even include the ACLU in this discussion), but in the context of policy debate, the ...

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