for those who don't follow it, "chat control" is the idea that, since encrypted messaging can't be spied on / monitored, that your actual phone should scan everything you write or send before you send it www.eff.org/deeplinks/20...

I have never in my life covered an FCC official that gives less of a fuck about the public interest even first term FCC boss Ajit Pai, who was a complete revolving door hack, believed this sort of censorship crossed a line

Losing my ever-loving-mind watching the same people who were just clutching their pearls claiming censorship over mean emails from WH staffers to Twitter about COVID misinfo are now HAVING THE FCC CHAIR openly threaten broadcast licenses over a joke about the president AND THE BROADCASTERS CENSOR IT

And the Ellisons are also first in line to buy TikTok if it gets sold, which would fuse CBS, CNN, Time Warner, Paramount, and TikTok all into one company whose entire function would be to blow smoke up the right wing's ass

See also: bsky.app/profile/daph... (filed under 'it could still get worse')

I found this explanation of the Bartz v Anthropic settlement quite useful. www.authorsalliance.org/2025/09/07/t...

This letter is important. It is a careful, detailed, scholarly, and accurate explanation of the elements of the DSA and EU law that prevent the DSA from being a "censorship" law in the first place. The list of EU expert signatories is stellar. @hutko.bsky.social @joanbarata.bsky.social

The linked headline's "unexpected" is ridiculous. Every person who worked in this space (specifically, not legislators) said, correctly, that this would happen. It should be replaced with "predicted" or "standard" or "obvious." This is not an untried policy! See also FOSTA/SESTA.

New from me and @derekslater.bsky.social on @lawfaremedia.org: What History Can Teach Us About Copyright, AI, and ‘Market Floods’

There’s still 2 more days to check out Runway’s AI Film Festival in IMAX, and if you’re at all interested in this space, would recommend checking it out: www.imax.com/movie/runway... This felt like a normal experimental film festival, and I mean that in a good way. 1/

This ruling is 🔥🔥🔥. It also mentions that this is just one of seventeen CIDs the FTC sent as part of this investigation. I guess the other sixteen are just quietly self-censoring and placating the administration. Understandably enough.

Keeping up with UKOS is fine if you have a giant public policy team like Meta or Alphabet. But for me, or small NGOs, or Wikimedia... It's a meaningful barrier that you can't understand what is going on without reading twenty interconnected documents and understanding a complex procedural history.

This morning we filed a lawsuit against Marco Rubio and Kristi Noem challenging the constitutionality of two laws they are using to deport noncitizens because of speech they don't like. Nobody should get a midnight knock on the door for disfavored speech, let alone kicked out of the country.

"It turns out that a paid subscription model does not transform a platform's incentives the way [Substack's CEO] said it would." Blaming algorithms for people seems a lot like blaming anonymity/pseudonymity for people.

My latest essay, "The Supreme Court Pretends to Think of the Children," offers a short analysis of Free Speech Coalition v. Paxton, the Texas porn site age verification case. You can read it here in George Washington Law Review's On the Docket www.gwlr.org/fsc-v-paxton...

Copyright is a form of policing. It’s inherently rooted in censorship and surveillance. Historically, copyright accelerates consolidation of power and extracts creativity for profit. If we use copyright to fight AI, it consolidates power further. A future where everything is licensed? No thx

1/ Joined by a coalition of free speech allies, @thefireorg.bsky.social filed a brief urging SCOTUS to vacate a 5th Circuit decision allowing an unconstitutional social media law to take effect while Mississippi appeals a ruling enjoining it on 1st Amendment grounds. www.thefire.org/research-lea...

Creative people and people of good will who are allies and advocates for creativity need to come to grips with the fact that AI training is generally fair use for the same deep reasons that critique, parody, teaching, scholarship, and other daily creative practices are fair use.

New on my blog: The Ordinary Reasonable Person encounters (or not) cyber-abuse. Commentary on a recent decision of the Australian Administrative Review Tribunal about a content removal notice issued by the eSafety Commissioner. www.cyberleagle.com/2025/07/the-...

I don't think I ever posted this here: my reaction to Free Speech Coalition v Paxton publicknowledge.org/protecting-k...

🚨 One week to register! Join the 17 July (15h CEST) KR21 webinar exploring the AI regulation copyright trap: are we heading to a negative-sum game for all, including creators & researchers? Expert speakers: @datainnovation.org @bruegel.bsky.social @thelisboncouncil.bsky.social 🔗 kr21.info/17july25

Oh hey, remember there are other AI lawsuits out there besides Bartz and Kadrey?? Here's my take on the Hollywood lawsuit - it's not about creativity, it's about control.

🦋 gif - is this AI driven market dilution? www.musicbusinessworldwide.com/warner-music...

We’re kicking off public feedback on CC signals, a new framework meant to help sustain the commons in the age of AI! Designed to build reciprocity, CC signals let data stewards express how content may be used and how AI systems should give back. Learn more: buff.ly/r4KBnRx #CCsignals

I live-blogged my initial reading of today's opinion from Judge Alsup in Bartz v. Anthropic here: bsky.app/profile/bb..... But what are the most interesting, big-picture holdings? Here goes: 🧵

In re today's fair use ruling, tapping the antimonopoly sign regarding books and AI training: creativecommons.org/wp-content/u...

Finally some good news!

what about just giving money to artists? www.gov.ie/en/departmen...

Copyright licensing is irrelevant to whether companies will deploy AI at the expense of human creators -- fortunately, there are better paths forward: www.techpolicy.press/ai-training-...

Well, I completely agree with the Solicitor General's brief in Cox v. Sony. An ISP is not liable for the infringing actions of its customers, even if it does not qualify for a DMCA safe harbor. www.supremecourt.gov/DocketPDF/24...

I just posted an interview with @cjsprigman.bsky.social of @nyulaw.bsky.social , in which he discusses his experiences as the Reporter of the ALI Restatement of Copyright. papers.ssrn.com/sol3/papers....

Transcript has some choice bits eg

This is good! www.ebookstudygroup.org/connecticut_...

www.nytimes.com/2025/05/14/m... 🥲🥰😌

I regret to inform you this is a thing I just read with my own eyes (p 28) www.copyright.gov/ai/Copyright...

File under "what copyright can't do" and "math is fun!" exploringai.org#headerContent

The Pulitzer winner for fiction copied and competes with a past work without consent. 🧐

this article is useful in its own right, and relevant to the record label-funded efforts to argue that requiring licensing for AI training will support working artists, as opposed to enriching media cos: papers.ssrn.com/sol3/papers....

I'll be testifying next Tuesday at Senate Commerce about fan frustrations with the state of sports streaming, next to MLB, NBA, and NHL: www.commerce.senate.gov/2025/4/field...

Must-read, powerful essay from @freepress on how to make policy in support of real local journalism, not corporate vultures like Alden. Journalism, especially local journalism, is in danger; states should act, but act deliberately. www.freepress.net/blog/local-...

OK this keeps getting better. It’s not just that the FTC is moderating content uploaded in user comments as part of its “platform censorship” inquiry. It’s re-moderating the same content the platforms moderated, as @corbinkbarthold.bsky pointed out. x.com/corbinkbarth... 1/

This Ars piece on the impact of AI on the creative ecosystem is a good example of how the copyright trap can spring itself on even the subtlest critics. @benjedwards.com makes lovely observations about creativity here, but can't escape ©'s gravity. arstechnica.com/ai/2025/04/...

I just filed an amicus brief in Thomson Reuters v. ROSS in support of ROSS's petition for interlocutory review, arguing that West's headnotes aren't copyrightable subject matter. papers.ssrn.com/sol3/papers....

A speaker just said that the DSA doesn't care about smaller platforms, just big ones. For reference, here are the DSA rules that apply to smaller platforms. docs.google.com/spreadsheets...

One can like the weird,dark, and real of Gummo and Kids and also like using AI: www.hollywoodreporter.com/business/bus...

Filmmaker James Cameron with simple, cogent advice for the AI copyfight - focus on outputs, not training inputs. www.hollywoodreporter.com/business/bus...