Margot
@margotkaminski.bsky.social
📤 4837
📥 412
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Professor at Colorado Law. Data privacy, AI, speech.
pinned post!
I'm grateful and delighted to have received the Moses Lasky Professorship
www.colorado.edu/law/2025/10/...
. (and congratulations to my colleagues for well-earned recognition!)
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Colorado Law names new Professorships, Dean’s Scholars Award Recipients
Colorado Law is thrilled to announce our newest Professorships, along with the three recipients of the Dean’s Scholar Awards. These individuals already bring
https://www.colorado.edu/law/2025/10/22/colorado-law-names-new-professorships-deans-scholars-award-recipients
19 days ago
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10 days ago
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I'm grateful and delighted to have received the Moses Lasky Professorship
www.colorado.edu/law/2025/10/...
. (and congratulations to my colleagues for well-earned recognition!)
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Colorado Law names new Professorships, Dean’s Scholars Award Recipients
Colorado Law is thrilled to announce our newest Professorships, along with the three recipients of the Dean’s Scholar Awards. These individuals already bring
https://www.colorado.edu/law/2025/10/22/colorado-law-names-new-professorships-deans-scholars-award-recipients
19 days ago
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reposted by
Margot
James Grimmelmann
about 1 month ago
See also Alan Chen's response, Pluralism and Listeners' Choices Online.
southerncalifornialawreview.com/2025/09/25/p...
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Pluralism and Listeners’ Choices Online – Southern California Law Review
“The plain, if at times disquieting, truth is that in our pluralistic society, constantly proliferating new and ingenious forms of…
https://southerncalifornialawreview.com/2025/09/25/pluralism-and-listeners-choices-online/
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reposted by
Margot
James Grimmelmann
about 1 month ago
Listeners' Choices Online is now online. I hope you will choose to listen to it!
james.grimmelmann.net/files/articl...
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https://james.grimmelmann.net/files/articles/listeners-choices-online.pdf
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reposted by
Margot
Danny Wilf-Townsend
about 1 month ago
It was very nice to have two of my recent articles featured in JOTWELL reviews this month—Maureen Carroll on "Deterring Unenforceable Terms,"
courtslaw.jotwell.com/should-draft...
and
@margotkaminski.bsky.social
on "The Deletion Remedy"
cyber.jotwell.com/ai-disgorgem...
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Should drafters be penalized for clearly unenforceable terms? - Courts Law
Daniel Wilf-Townsend, Deterring Unenforceable Terms, 111 Va. L. Rev. __ (forthcoming 2025), available at SSRN (June 6, 2024).Maureen CarrollMost of us (if not all) have entered a contract with one or ...
https://courtslaw.jotwell.com/should-drafters-be-penalized-for-clearly-unenforceable-terms/
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Two great new articles on AI "recalls" (aka model disgorgement):
cyber.jotwell.com/ai-disgorgem...
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AI Disgorgement or AI Recalls: A Trip down Remedy Lane - Technology Law
Daniel Wilf-Townsend, The Deletion Remedy, 103 N. Car. L. Rev. __ (forthcoming 2025), available at SSRN (Sept. 20, 2024). Christina Lee, Beyond Algorithmic Disgorgement: Remedying Algorithmic Harms, ...
https://cyber.jotwell.com/ai-disgorgement-or-ai-recalls-a-trip-down-remedy-lane/
2 months ago
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reposted by
Margot
Daniel Solove
3 months ago
Essential reading for AI law -
@margotkaminski.bsky.social
and
@aselbst.bsky.social
- "An American's Guide to the EU AI Act"
papers.ssrn.com/sol3/papers....
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An American's Guide to the EU AI Act
<p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5373345
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reposted by
Margot
Andrew Selbst
3 months ago
The AI Act is a long and confusing piece of legislation that relies heavily on other EU laws and institutions. If you’re a US lawyer who doesn’t have a background in EU law, then even if you read it there’s probably a bunch you missed. Good news! We’ve got a paper for you!
add a skeleton here at some point
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An American's Guide to the EU AI Act
papers.ssrn.com/sol3/papers....
With
@aselbst.bsky.social
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An American's Guide to the EU AI Act
<p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5373345
3 months ago
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"In the race to figure out just what AI systems are good for, our kids should not be treated as experiments." The fight to preserve AI regulation and protect children isn't over
thehill.com/opinion/tech...
with Prof. Jones in The Hill
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https://thehill.com/opinion/technology/5417602-ai-threats-children-protection/
4 months ago
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The EU AI Act establishes a different right to explanation of an AI system's decisions than the GDPR:
papers.ssrn.com/sol3/papers....
(by Kaminski & Malgieri)
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The Right to Explanation in the AI Act
This chapter offers a comprehensive analysis of Article 86 of the EU Artificial Intelligence Act, which introduces a right to explanation for individuals affect
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5194301
6 months ago
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The Right to Explanation in the EU AI Act, Explained
papers.ssrn.com/sol3/papers....
Art. 86 commentary for those interested
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The Right to Explanation in the AI Act
This chapter offers a comprehensive analysis of Article 86 of the EU Artificial Intelligence Act, which introduces a right to explanation for individuals affect
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5194301
6 months ago
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I'm honored to have received the Sandgrund Award @ Colorado Law for Best Consumer Rights Work, for Regulating the Risks of AI (published 2023, available here
papers.ssrn.com/sol3/papers....
) Hopefully that consumer rights work doesn't immediately get preempted.
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Regulating the Risks of AI
Companies and governments now use Artificial Intelligence (“AI”) in a wide range of settings. But using AI leads to well-known risks that arguably present chall
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4195066.
6 months ago
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reposted by
Margot
Alex Abdo
6 months ago
NEW JOB: The Knight Institute (
@knightcolumbia.org
) is looking for a staff attorney to join us for a two-year position. It's an extremely busy time for the First Amendment, and we could use some more hands on deck!
knightcolumbia.org/page/staff_a...
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| Knight First Amendment Institute
https://knightcolumbia.org/page/staff_attorney
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A great and substantive two days of Freedom of Expression Scholars Conference
@yaleisp.bsky.social
. Panel on the substance, scope, and methods of the Internet Law Canon was a highlight (with Balkin, Reid
@chup.blakereid.org
, Weiland
@morganweiland.bsky.social
)
@yalelawschool-yls.bsky.social
7 months ago
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reposted by
Margot
Heidi Kitrosser
7 months ago
Tax ppl can speak to the statutory and regulatory questions. But as a 1st Amendment person, I can tell you that this is wildly lawless as a constitutional matter. Govt subsidies & exemptions are not free-for-alls to impose viewpoint based restrictions. Plus this is a nesting doll of violations - 1/2
add a skeleton here at some point
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Ooh! I got cited in the en banc right-to-record case (Project Veritas) in the Ninth Circuit, along with other great scholars in that space. It's encouraging when hard work gets read and used.
cdn.ca9.uscourts.gov/datastore/op...
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https://cdn.ca9.uscourts.gov/datastore/opinions/2025/01/07/22-35271.pdf
7 months ago
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"Poorly designed algorithms used to make consequential decisions... lead to a loss of trust in government and costly redesign." Deirdre Mulligan, making the case that the responsible AI governance in government is both good policy and better financial decisionmaking.
9 months ago
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From Gods to Google is now out in the Yale Law Journal Following First Amendment challenges to tech regulations? We tell a different story of the caselaw: not (just) Lochnerean but the output of this Court’s religious speakers cases
www.yalelawjournal.org/feature/from...
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From Gods to Google
The First Amendment is a well-known barrier to sensible technology regulation. While scholars blame the Court’s libertarian turn, we offer another explanation: the Court’s solicitude for religious spe...
https://www.yalelawjournal.org/feature/from-gods-to-google
9 months ago
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At Berkeley today
www.law.berkeley.edu/research/bcl...
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28th Annual BTLJ-BCLT Spring Symposium: AI Governance at the Crossroads
https://www.law.berkeley.edu/research/bclt/bcltevents/btlj-bclt-spring2025/
9 months ago
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Just presented "From Gods to Google"
@gwlaw.bsky.social
, which tracks the Court's religious speaker cases and the (surprising?) arsenal they create for tech companies, especially in lower courts. SCOTUS faces a First Amendment impasse of its own making.
papers.ssrn.com/sol3/papers....
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From Gods to Google
<p>The First Amendment has become a significant barrier to sensible technology regulation. The conventional explanation for this is the Court’s deregulatory tur
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4742179
9 months ago
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The last thing I'll say about TikTok (for now) is that it is an absolute boon to data privacy laws facing First Amendment challenges. One big move: SCOTUS distinguishes between a government interest in preventing harmful "data collection," and a government interest in regulating speech.
10 months ago
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TikTok is the U.S. Schrems. Discuss.
10 months ago
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reposted by
Margot
michael veale
over 1 year ago
Join
@jennifercobbe.bsky.social
@margotkaminski.bsky.social
@agstrait.bsky.social
& me at UCL Laws, in person/online, to compare AI Act/AI EO, DSA/OSA, & GDPR's approaches to algorithmic assessment — 25 Apr 6pm. Who undertakes this analysis, and with what consequences?
www.ucl.ac.uk/laws/events/...
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Regulatory Models for Algorithmic Assessment: Robust Delegation or
Margot Kaminski, Michael Veale and Jennifer Cobbe will compare and contrast different AI regulatory regimes
https://www.ucl.ac.uk/laws/events/2024/apr/regulatory-models-algorithmic-assessment-robust-delegation-or-kicking-can
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reposted by
Margot
Evan Bernick, a finite mode with a smol hooman and a lorg floof
over 1 year ago
*smashes download*
papers.ssrn.com/sol3/papers....
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"It is tempting to ask whether AI-generated speech “disrupts” the law. That, we claim, is the wrong question." Constructing AI Speech, with Meg Jones, forthcoming in Yale Law Journal Forum (online):
papers.ssrn.com/sol3/papers....
over 1 year ago
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"From Gods to Google" forthcoming in the Yale Law Journal
papers.ssrn.com/sol3/papers....
with Rebecca Aviel, Toni Massaro, & Andrew Woods "free expression principles the Court has developed for religious believers make it difficult to protect against significant harms that technologies can cause"
over 1 year ago
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It's official: I'm writing a casebook (!) on AI Law with
@aselbst.bsky.social
and Paul Ohm
aila.ws
We have an initial framework for it from Paul's fall class and I'll be working on it all spring (among other projects). So happy to be working with this particular team.
almost 2 years ago
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Starting tomorrow (!) I'll be in Florence for five months at the European University Institute as a Senior Fellow and Fulbright-Schuman grantee. Lots of gratitude here for this amazing experience.
almost 2 years ago
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reposted by
Margot
Gautam Hans
almost 2 years ago
Last week, I filed an amicus brief that I co-wrote with
@margotkaminski.bsky.social
on behalf of Privacy & First Amendment Law Profs in the 9th Circuit appeal of NetChoice v. Bonta, a case about the constitutionality (under 1A) of privacy laws. The brief is here:
www.dropbox.com/scl/fi/tfoek...
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I'm half Israeli, on my father's side. Social media is hell right now. I'm going to be off of here and other platforms for a good long bit. L'hitraot.
about 2 years ago
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This generative AI and Copyright panel is fantastic (including Viva Moffet, Oren Bracha, Kate Lee, Andy Gass, Cynthia Arato, with Harry Surden moderating)
about 2 years ago
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reposted by
Margot
Alex Abdo
about 2 years ago
Law students — come work with us next summer on an exciting docket of cases dealing with free speech and new technology! (And some analog-era cases, too, just to stay grounded). The deadline for 2Ls and LLMs to apply is 10/29:
https://knightcolumbia.org/page/summer-2024-legal-internship
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Learned so much from papers I'm discussing at We Robot: @claireboine's marvelous paper on evolving definition of AI in EU AI Act (
bu.edu/law/files/20...
) & @bea_botero's important examination of how AI Liability Directive compliments (or doesn't) AI Act (
bu.edu/law/files/20...
)
about 2 years ago
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Regulating the Risks of AI describes the growing convergence around risk regulation in AI governance. It then addresses the question: what does it mean to use risk regulation to govern AI systems? (the newly revised ~65 page version)
papers.ssrn.com/sol3/papers....
about 2 years ago
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We Robot-ing
about 2 years ago
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The ND Cal. First Amendment decision on the California children's privacy law (CAADCA) is a bad one. The judge does not appear to understand or accept the first thing about data privacy. It should make everyone/every state with data privacy laws nervous.
about 2 years ago
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Starting the Italian visa process. ...
about 2 years ago
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reposted by
Margot
Amanda Parsons
over 2 years ago
@salome.bsky.social
and I just posted our new article, "Valuing Social Data" on SSRN. We are still working to incorporate comments and would love additional feedback!
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4513235
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If Hunger Games is the entry level academic market, then Creed III is mid-career academia.
over 2 years ago
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"Current First Amendment doctrine constructs the legal puzzle of content production by AI systems as a question of what happens when you substitute an individual human actor with AI...the legal puzzle of AI “speech” boils down to how to adapt scienter requirements for speech produced by AI systems."
over 2 years ago
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X. Wtf.
over 2 years ago
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Why am I awake and editing at 6:30 AM you ask? Because I couldn't find the time to write a short Article, so I wrote a long one instead. (And the bill comes due at editing time...)
over 2 years ago
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Deep in thoughts right now on Counterman/Taamneh implications for AI and the First Amendment, for a mid-length piece I'm drafting with Meg Jones
over 2 years ago
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Hiring in IP this year (among many other areas)...
over 2 years ago
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Well hi
over 2 years ago
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you reached the end!!
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