“[W]hether you call this coercion, if that’s the label you attach, you call it encouragement, you call it promotion, you call it inducement, whatever it is, if the government is attempting to abridge the speech rights of a third party, that has to be unconstitutional because that falls within the plain text of the First […]
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Over the course of the last few years, it feels like the FTC & DOJ have slowly started getting better at figuring out how to craft a better antitrust lawsuit. The earliest attempts were often beyond silly, but the more recent cases (while far from perfect) have finally started alleging things that seem like potential […]
Earlier this month the New York Times published a major story confirming that automakers collect driver behavior data then sell it to a long list of companies. That includes insurance companies, who are now jacking up insurance rates if they see behavior in the dataset they don’t like. The absolute bare minimum you could could expect from the auto […]
Take-Two Interactive has already established itself as an IP bully. There are plenty of examples of this from the past several years, but my favorite remains the company’s opposition of a trademark for Rockstar Axe Throwing merely because it had the name “Rockstar” in it. No concern was given to how similar the logos and […]
Florida Gov. Ron DeSantis, who failed miserably in his run for president, signed a very controversial bill into law that requires age verification for porn websites and bans social media for minors under the age of 14. The act, House Bill (HB) 3, is one of the most restrictive laws of its kind to be […]
Last year in September, we released a cross-post episode of Mike’s appearance on the DWeb Decoded podcast with Danny O’Brien. If you listened to that episode, you know that Mike and Danny go way back, and Danny played an important role in the founding of Techdirt. This week, we’ve got the inverse counterpart to that […]
There are a lot of elections worldwide, and these events invariably raise significant concerns regarding potential manipulation, particularly in light of emerging technologies such as generative AI. To help address these concerns, we are reintroducing our innovative “election threatcasting” game, Threatcast 2024, which has been designed to help users anticipate and counteract such threats. In […]
All you need is Google. That’s how things have been going in the law enforcement world. If you don’t know who you’re looking for, just ask Google to do it for you. A variety of warrants that demand Google search its data stores for personal information (that might lead investigators to find potential suspects [who […]
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Right after Elon took over Twitter, we published what we had hoped would be a useful “speed run” through the content moderation learning curve that most platforms figure out along the way. We’ve seen other “free speech!” platforms learn these basic lessons, though not always quickly enough to survive. The basic idea is that no […]
We’ve noted a few times now how the quest to ban TikTok is heavily peppered with bad faith actors who historically don’t care about consumer privacy or national security. We’ve also noted how it’s performative to hyperventilate about one single sometimes-dodgy app, but ignore the broader dysfunction and corruption (like our lack of a modern […]
Well, that’s the way it goes. Courts have been extremely reluctant to disrupt the long-term surveillance plans of law enforcement. If investigators can mount a camera on public property and keep it focused on areas visible by members of the public, no harm, no foul. Not every court has reached this same conclusion. Notably, one […]
Welcome to the realm of the very, very stupid. There are a couple of purposes of trademark law. The first and most obvious of them is that they are used to make sure the public knows from whom or from where a particular good or service comes from. It’s a measure to protect the public, […]
Look, I’m nearing 50. I’ve been around. I have seen some absolute clown shit from politicians. I have witnessed years of things like “bridges to nowhere” and self-aggrandizement taking the form of renamed airports or whatever. I have seen any number of candidates step into the arena with a headful of moronic ideas. But things […]
Self-described “free speech absolutist” Elon Musk has just had a judge slam him for trying to punish and suppress the speech of critics. Judge Charles Breyer did not hold back in his ruling dismissing Musk’s utterly vexatious SLAPP suit against the Center for Countering Digital Hate (CCDH). Sometimes it is unclear what is driving a […]
“Open up the libel laws!” the man who can’t win consecutive elections (much less a defamation lawsuit) once proclaimed. The Republican Party (or at least its voting bloc) appears willing to give a man who’s enjoyed nothing but unearned opportunities throughout his professional and governmental career yet another shot in 2024. But he’s not going […]
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I know that some people, including Elon Musk recently, have claimed that “trust & safety” is some sort of “euphemism for censorship.” That is not true, and has never been true. The role of trust & safety has always been about building trust in the platform and making sure that users feel safe on the […]
As the Vice and Messenger collapse just got done illustrating in glorious technicolor, the problem with online U.S. journalism isn’t that it’s inherently unprofitable. The problem is usually that the worst, least competent, shallowest people imaginable routinely fail upward into positions of management, then treat the brands they acquire like disposable napkins. That’s certainly been the case over at Sports […]
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