This review hits a core consumer-protection question: Are consumers statically and predictably irrational, calling for heavy-handed regulation, or are they learners who adapt to the legal and economic environments we build? #consumerprotection matthewekahn.substack.com/p/who-protec...

Great to see this project finally headed to print. For my contribution, head to the entry on Consumer Rights and Algorithms, which highlights the impact AI and big data have on consumer markets, especially through digital advertising and new forms of digital fraud. #technology

Grateful to Truth on the Market and Kevin Frazier for reviewing my Harvard J. on Legislation piece, “Law Proofing the Future.” We don’t need new laws for every tech shift—general law already fits. Fraud is fraud, AI or not. #technology truthonthemarket.com/2025/11/19/l...

After learning that as a new Jeep owner I'd still never been ducked, my Contracts students took it upon themselves to perform the inaugural ducking. Thanks to you all for making my morning! @unlcollegeoflaw.bsky.social

Thanks to the University of North Dakota for the invitation to present my research on dark patterns at its IEEE Cyber Awareness & Research Symposium this year—a huge success and such an interesting collection of speakers and papers. #uxdesign (1/5)

Last week I had the pleasure of discussing my research on dark patterns (both intentional and accidental) with the folks at FNBO. Such a joy to see a company going the extra mile to streamline the user experience for its customers. #uxdesign

When has a lack of important things to discuss ever prevented holding a meeting?! This email notification made my week!

Thanks to KU Law for putting on a terrific CSLSA conference this year. Almost I was persuaded to become a Jayhawk for the day! (1/3)

How to Regulate AI? Kevin Frazier and I have an essay out today with Lawfare that offers some suggestions, How Not to Embarrass the Future. #Innovation

I received a box of these in the mail today and couldn't be more excited. For my students in practice, it means you now have something to cite for that random thing you heard me say once upon a time in class! #lawstudents

I'd listen to just about anything SDNY Judge Jed Rakoff had to say. He's not always right, but he's always interesting. In a brief essay on ProMarket he offers his perspective on cryptocurrencies, formed by his years on the bench. #crypto (1/2)

It was a pleasure sharing my research on dark patterns and online consumer fraud at the annual NACCA symposium (National Association of Consumer Credit Administrators). I came away with a list of scams to watch out for (plus examples special-interest fingers in the legislative mixing pot). #fraud

On my way to commencement to celebrate Nebraska Law's class of 2025! #lawstudents @unlcollegeoflaw.bsky.social

X (Twitter) is challenging a Minnesota law that criminalizes knowing circulation of political deepfakes. The Section 230 and First Amendment issues get the attention. But I'm most intrigued by X's argument that the Grok and Community Notes features already help police fake news. #technology (1/4)

Evaluating the costs and benefits of regulation is notoriously tricky. One reason is the difficulty of estimating "the cost of that which is not seen," the evocative (but cumbersome!) phrase of 19th century economist Frédéric Bastiat. (1/4) #technology @profdaniellyons.bsky.social

Now @microsoft.com is building AI features into *notepad*?! #technology The end is truly near!

Why do 33 states require professional licensing examinations to become a shampooer? I'll give you a hint: The answer rhymes with "Cegulatory Rapture." #government (1/2) www.promarket.org/2025/03/25/u...

Hot off the virtual press! My latest article, just out with the Stanford Technology Law Review, is now available online, Section 230: A Juridical History. law.stanford.edu/publications... (1/2) #technology @unlcollegeoflaw.bsky.social @stanfordlaw.bsky.social

I joined Alan Kaplinsky of Ballard Spahr LLP to record a podcast on dangers to consumers of online fraud and the risk of poorly designed regulations intended to combat it. Check it out here: www.ballardspahr.com/insights/blo... #technology @unlcollegeoflaw.bsky.social

My take on Musk and DOGE? Turns out Jim Harper at AEI already wrote up my thoughts exactly: "Intense ambivalence." Haste breaks things, but it's not like the problems were being addressed some other way. #DOGE (1/2)

My essay out today with Law & Liberty discusses the rise of online scams and suggests approaches to coordinate governmental enforcement efforts with private litigants. (1/2) #fraud @unlcollegeoflaw.bsky.social

There should be a word for when you decide to click a button but the interface changes in the split second before your finger reaches the screen! #uxdesign

It was a pleasure returning to the Ipse Dixit legal scholarship podcast with Prof. Brian Frye this weekend to discuss my new paper, The Patterns of Digital Deception, 65 B.C. L. Rev. 2457 (2024). #fraud #ui @brianlfrye.bsky.social (1/3)

Want a quick shortcut to check your state's freedom index? Does your state government prohibit you from typing your own eyeglass prescription into a Warby Parker form?! #freedom @warbyparker.bsky.social @cato.org

Name the legal concept all you torts and consumer protection lawyers out there! #lawstudents #fraud

Many of my favorite things—algorithms, AI, and the common law—all under discussion by the Regulation of Algorithms panel at the AALS and FedSoc conferences last week. (1/3) #law @theaals.bsky.social @fedsoc.bsky.social @unlcollegeoflaw.bsky.social