It’s been a news-heavy week, but we have the most fun in this episode with ChatGPT. Jane Bambauer, Richard Stiennon, and I pick over the astonishing number of use cases and misuse cases disclosed by the release of ChatGPT for public access. It is talented – writing dozens of term papers in seconds
social media
Episode 431: The Empire Strikes Back, at Twitter
The Cyberlaw Podcast leads with the legal cost of Elon Musk’s anti-authoritarian takeover of Twitter. Turns out that authority figures have a lot of weapons, many grounded in law, and Twitter is at risk of being on the receiving end of those weapons. Brian Fleming explores the apparently unkillable notion that the Committee on…
Episode 426: Chip Wars
David Kris opens this episode of the Cyberlaw Podcast by laying out some of the massive disruption that the Biden Administration has kicked off in China’s semiconductor industry – and its Western suppliers. The reverberations of the administration’s new measures will be felt for years, and the Chinese government’s response, not to mention…
Episode 424: Big Tech’s Chickens Coming Home to Roost
We open today’s episode by teasing the Supreme Court’s decision to review whether section 230 protects big platforms from liability for materially assisting terror groups whose speech they distribute (or even recommend). I predict that this is the beginning of the end of the house of cards that aggressive lawyering and good press have…
Episode 423: President DeSantis’s First Supreme Court Nominee
This episode features a much deeper, and more diverse, examination of the Fifth Circuit decision upholding Texas’s social media law. We devote the last half of the episode to a structured dialogue about the opinion between Adam Candeub and Alan Rozenshtein. Both have written about it already, Alan critically and Adam supportively.…
Episode 416: “The First Thing We Do, Let’s Hack All the Lawyers”
Dave Aitel introduces a deliciously shocking story about lawyers as victims and – maybe – co-conspirators in the hacking of adversaries’ counsel to win legal disputes. The trick, it turns out, is figuring out how to benefit from hacked documents without actually dirtying one’s hands with the hacking. And here too, a Shakespearean Henry…
Episode 410: Game Play Trumps Chinese National Security
- If you’ve been worrying about how a leaky U.S. government can possibly compete with China’s combination of economic might and autocratic government, this episode of the Cyberlaw Podcast has a few scraps of good news. The funniest, supplied by Dave Aitel, is the tale of the Chinese gamer who was so upset at the
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Episode 407: An End to End-to-End Encryption?
Is the European Union (EU) about to rescue the FBI from Going Dark? Jamil Jaffer and Nate Jones tell us that a new directive aimed at preventing child sex abuse might just do the trick, a position backed by people who’ve been fighting the bureau on encryption for years.
The Biden administration is…
Episode 402: Rupert Murdochizing the Internet
The theme of this episode of the Cyberlaw Podcast is, “Be careful what you wish for.” Techlash regulation is burgeoning around the world. Mark MacCarthy takes us through a week’s worth of regulatory enthusiasm. Canada is planning to force Google and Facebook to pay Canadian news media for links. It sounds simple, but arriving…
Episode 400: Transatlantic Privacy Threepeat
With the U.S. and Europe united in opposing Russia’s attack on Ukraine, a few tough transatlantic disputes are being swept away – or at least under the rug. Most prominently, the data protection crisis touched off by Schrems 2 has been resolved in principle by a new framework agreement between the U.S. and the…