Networks, the Internet, and Cloud Computing

Dismantling the “Black Opticon”: Privacy, Race Equity, and Online Data-Protection Reform

Federal privacy law has failed to address privacy problems that disproportionately affect African Americans, such as oversurveillance, discrimination, and fraud. New state and federal privacy laws could better serve their interests.

Content Moderation Remedies

Sometimes users' online content or actions violate Internet service providers’ rules. Services should moderate content effectively, but should also promote free expression, competition, and community.

Twenty Years of U.S. Digital Copyright: Adapting from Analog

From 2001 to 2021, digital technologies have challenged U.S. copyright law. Key copyright concepts affected include the scope of exclusive rights, fair use, and liability of online service providers for infringement.

It’s Time to Update Section 230

The 1996 Communications Decency Act (CDA) makes online platforms immune from liability for harmful content posted by third parties. Platforms should enjoy immunity only if the platform takes reasonable steps to prevent harm.

How Do You Solve a Problem Like Misinformation?

Policymakers and the public struggle to navigate misinformation about topics like climate change, COVID, and politics. Disinformation campaigns and ideological convictions are harder to fight than ordinary mistaken beliefs.

Harming Competition and Consumers under the Guise of Protecting Privacy: An Analysis of Apple’s iOS 14 Policy Updates

Apple’s iOS 14 update claims to protect privacy by requiring consumers to opt in to allow data sharing by third-party apps. But this unfairly advantages Apple’s own products.

Cybersecurity Hiring in Response to Data Breaches

Data on firm-level hiring shows that firms increase hiring of cybersecurity workers following data breaches, particularly when the press covers the breach.

Digital Addiction

A study of smartphone use shows that consumers’ excessive use of smartphones and social media may result from digital addiction. Self-control tools reduce usage and improve well-being.

Legal Internalism in Modern Histories of Copyright

Process concerns, including formal registration requirements and the rule of law, are important to copyright lawyers and policymakers. Recent histories of copyright law neglect these procedural elements.

Shining a Light on Dark Patterns

Some user interfaces include “dark patterns” that exploit cognitive bias to manipulate users. Two experiments show that subtle dark patterns are more dangerous, because consumers are less likely to reject them.