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Political scientists who study democratic backsliding—the slow erosion of a country's institutions—have raised alarms about the state of democracy in the United States under the second Trump administration. At the same time, the administration has embraced technology—particularly AI—as a tool for implementing many of its policies, from immigration enforcement to slashing government functions and staffing. And the ties between Washington, D.C. and Silicon Valley appear tighter than ever, with Elon Musk wielding unprecedented control over the executive branch through his quasi-governmental DOGE initiative. How should we understand the connection between technology and democratic backsliding? Are they interlinked at this moment in the United States? How has technology played a role in supporting or undermining democracy during other historical moments?On May 2, Lawfare Senior Editor Quinta Jurecic moderated a panel discussion on these questions at Fordham Law School's Transatlantic AI and Law institute, featuring panelists Joseph Cox, a journalist and co-founder of 404 Media; Orly Lobel, the Warren Distinguished Professor of Law and founding director of the Center for Employment and Labor Policy (CELP) at the University of San Diego; Aziz Huq, the Frank and Bernice J. Professor at the University of Chicago Law School; and James Grimmelmann, the Tessler Family Professor of Digital and Information Law at Cornell Tech and Cornell Law School. Thanks to Fordham for recording and sharing audio of the panel, and to Chinmayi Sharma and Olivier Sylvain of Fordham Law School for organizing the event.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
We're coming to you with a special offering today. It's an episode about the internet… from our friends just a few cubicles over here at WBUR: On Point. Hosted by Meghna Chakrabarti, On Point is a unique, curiosity-driven combination of original reporting, newsmaker interviews, first-person stories, and in-depth analysis, making the world more intelligible and humane. When the world is more complicated than ever, we aim to make sense of it together. We loved their recent episode about one of our favorite pieces of how the internet gets recorded and remembered — and we thought you might love it too. So kick back and take a listen. We'll bring you the usual shenanigans next week. More than 900 billion webpages are preserved on The Wayback Machine, a history of humanity online. Now, copyright lawsuits could wipe it out. Guests Brewster Kahle, founder and director of the Internet Archive. Digital librarian and computer engineer. James Grimmelmann, professor of digital and information law at Cornell Tech and Cornell Law School. Studies how laws regulating software affect freedom, wealth, and power.
Navigate the intricate nexus of artificial intelligence and the legal domain with Professor James Grimmelmann of Cornell Tech and Cornell Law School and host Carmem Silva. An esteemed authority on the interplay between technology and law, Professor Grimmelmann's journey from a programmer at Microsoft to clerking in federal courts provides a unique perspective on the legal challenges and opportunities presented by AI. Join us for a thought-provoking journey into the legal dimensions of the AI revolution.See www.mckinsey.com/privacy-policy for privacy information
Season 3 begins with the feel-good tale of how Rutgers emergency physician Dr. Aislinn Black and Cornell information law scholar Prof. James Grimmelmann met in the early days of social media. Learn how 19th century Danish philosopher Soren Kierkegaard played a key role in their connecting and how Aislinn initially tried to matchmake James with a friend of hers. Irina and Michelle accompany the couple from their early days of zipping up and down the East Coast (so they could hang out) to their decision to commit after bumping into a Belgian medieval pageant. Aislinn and James discuss why the era of long emails and AOL Instant Messenger worked especially well for their romance and how their marriage and parenting defy gender stereotypes. Last but not least, James shares his thoughts on the steps that would lead to greater Internet safety. Come start the year right with a podcast episode that will bring a smile to your face!Dr. Aislinn Black's professional profileDr. James Grimmelmann's professional profile Hosted on Acast. See acast.com/privacy for more information.
Matthew Herrick was sitting on his stoop in Harlem when something weird happened. Then, it happened again. And again. It happened so many times that it became an absolute nightmare—a nightmare that haunted his life daily and flipped it completely upside down. What stood between Matthew and help were 26 little words. These 26 words, known as Section 230, are the core of an Internet law that coats the tech industry in Teflon. No matter what happens, who gets hurt, or what harm is done, tech companies can't be held responsible for the things that happen on their platforms. Section 230 affects the lives of an untold number of people like Matthew, and makes the Internet a far more ominous place for all of us. But also, in a strange twist, it's what keeps the whole thing up and running in the first place. Why do we have this law? And more importantly, why can't we just delete it? Special thanks to James Grimmelmann, Eric Goldman, Naomi Leeds, Jeff Kosseff, Carrie Goldberg, and Kashmir Hill. EPISODE CREDITSReported by - Rachael CusickProduced by - Rachael Cusick and Simon Adlerwith mixing help from - Arianne WackFact-checking by - Natalie MiddletonEdited by - Pat Walters EPISODE CITATIONS: Articles:Kashmir Hill's story introduced us to Section 230. Books: Jeff Kosseff's book The Twenty-Six Words That Created the Internet (https://zpr.io/8ara6vtQVTuK) is a fantastic biography of Section 230To read more about Carrie Goldberg's work, check out her book Nobody's Victim (https://zpr.io/Ra9mXtT9eNvb). Our newsletter comes out every Wednesday. It includes short essays, recommendations, and details about other ways to interact with the show. Sign up (https://radiolab.org/newsletter)! Radiolab is supported by listeners like you. Support Radiolab by becoming a member of The Lab (https://members.radiolab.org/) today. Follow our show on Instagram, Twitter and Facebook @radiolab, and share your thoughts with us by emailing radiolab@wnyc.org. Leadership support for Radiolab's science programming is provided by the Gordon and Betty Moore Foundation, Science Sandbox, a Simons Foundation Initiative, and the John Templeton Foundation. Foundational support for Radiolab was provided by the Alfred P. Sloan Foundation.
One of the most urgent debates in tech policy at the moment concerns encrypted communications. At issue in proposed legislation, such as the UK's Online Safety Bill or the EARN It Act put forward in the US Senate, is whether such laws break the privacy promise of end to end encryption by requiring content moderation mechanisms like client-side scanning. But to what extent are such moderation techniques legal under existing laws that limit the monitoring and interception of communications? Today's guest is James Grimmelmann, a legal scholar with a computer science background who recently conducted a review of various moderation technologies to determine how they might hold up in under US federal communication privacy regimes including the Wiretap Act, the Stored Communications Act, and the Communications Assistance for Law Enforcement Act (CALEA). The conversation touches on how technologies like server side and client side scanning work, the extent to which the law may fail to accommodate or even contemplate such technologies, and where the encryption debate is headed as these technologies advance.
In this episode of the podcast, we hear three perspectives on generative AI systems and the extent to which their makers may be exposed to potential liability. I spoke to three experts, each with their own views on questions such as whether Section 230 of the Communications Decency Act-- which has provided broad immunity to internet platforms that host third party content-- will apply to systems like ChatGPT. Guests, in order of appearance, include: Jess Miers, legal advocacy counsel at the Chamber of Progress, an industry coalition whose partners include Meta, Apple, Google, Amazon, and others;James Grimmelmann, a law professor at Cornell with appointments at Cornell Tech and Cornell Law School;Hany Farid, a professor at the University of California Berkeley with a joint appointment in the computer and information science departments.
Few technological disruptors to the entertainment industry have appeared quite as fast, or as existentially forebodingly, as artificial intelligence. After ChatGPT, DALL-E and other new AI technologies became publicly available in recent months, Cornell Law professor James Grimmelmann says, “I could feel the ground shifting.” Today, he walks our hosts through samples of AI music, script-writing and visual effects, and the ways in which the industry may be forced to evolve. “I don't think Hollywood should be afraid. But every person should be thinking how every creative job… is going to look different as a result of this.” Also on tap: what's coming under Bob Iger's second shot at Disney. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit theankler.com/subscribe
This episode reviews the IP ownership rights associated with Board Ape #8398, after actor and producer Seth Green (who licensed it for his series, White Horse Tavern) was scammed in a phishing attack. The stolen NFT was then sold to "DarkWing84" for $200,000. This episode is largely based on an enlightening thread by James Grimmelmann (@grimmelm), who dove deep into the issue, with additional notes from prominent crypto lawyers Drew Hinkes (@propelforward), Jake Chervinsky (@jchervinsky), Preston Byrne (@prestonjbyrne), and others. We also cover the recent decision in Jarkesy v. SEC, in which the Fifth Circuit essentially stated that the SEC must go through Federal courts in fraud cases. The implications may be greater than that, and this will be an important case impacting the future of the SEC. Other updates include a decision from Hermès International, et al. v Mason Rothschild, an update from LUNA, LexDAO's latest guidance on metaverse lawyering, and more. Much credit for this episode goes to the incredible sources, including James Grimmelmann (@grimmelm), the CryptoLaw Newsletter (@cryptolaw_news), and a newsletter by two bright law students, Around the Blockchain - which covers everything happening within the crypto law space, every single week. You can find their newsletter on Substack, Around the Blockchain. Disclaimer: Jacob Robinson and his guests are not your lawyer. Nothing herein or mentioned on the Law of Code podcast should be construed as legal advice. The material published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.
This podcast will discuss possession of property. Derivative work from the following original:Stephen Clowney, James Grimmelmann, Michael Grynberg, Jeremy Sheff, and Rebecca Tushnet, Open Source Property. The casebook is licensed Creative Commons Attribution NonCommercial 4.0 International. This derivative work is licensed the same as the original.
This podcast will discuss the foundations of property law. Derivative work from the following original:Stephen Clowney, James Grimmelmann, Michael Grynberg, Jeremy Sheff, and Rebecca Tushnet, Open Source Property. The casebook is licensed Creative Commons Attribution NonCommercial 4.0 International. This derivative work is licensed the same as the original.
This podcast will discuss interests in property. Derivative work from the following original:Stephen Clowney, James Grimmelmann, Michael Grynberg, Jeremy Sheff, and Rebecca Tushnet, Open Source Property. The casebook is licensed Creative Commons Attribution NonCommercial 4.0 International. This derivative work is licensed the same as the original.
This podcast will discuss transfers of property. Derivative work from the following original:Stephen Clowney, James Grimmelmann, Michael Grynberg, Jeremy Sheff, and Rebecca Tushnet, Open Source Property. The casebook is licensed Creative Commons Attribution NonCommercial 4.0 International. This derivative work is licensed the same as the original.
This podcast will discuss the use of property. Derivative work from the following original:Stephen Clowney, James Grimmelmann, Michael Grynberg, Jeremy Sheff, and Rebecca Tushnet, Open Source Property. The casebook is licensed Creative Commons Attribution NonCommercial 4.0 International. This derivative work is licensed the same as the original.
Internet, technology, and property scholar James Grimmelmann joins us to discuss, among other things, the fight over the Google Books settlement, modern Libraries of Alexandria, and the nature of the legal academic mission. This show’s links: James Grimmelmann’s wesbite (http://james.grimmelmann.net) (containing links to his scholarship, courses, blog, and more) Cornell Tech (https://tech.cornell.edu) James Somers, Torching the Modern-Day Library of Alexandria (https://www.theatlantic.com/technology/archive/2017/04/the-tragedy-of-google-books/523320/) James Grimmelmann, Future Conduct and the Limits of Class-Action Settlements (http://james.grimmelmann.net/files/articles/future-conduct.pdf) For many resources on the Google Books case and settlement, visit the site James and his students created: thepublicindex.org (http://www.thepublicindex.org) Authors Guild v. Google (https://scholar.google.com/scholar_case?case=2220742578695593916); Authors Guild v. HathiTrust (https://scholar.google.com/scholar_case?case=4571528653505160061) Sony Corp. v. Universal Studios (https://scholar.google.com/scholar_case?case=5876335373788447272) About A&M Records, Inc. v. Napster, Inc. (https://en.wikipedia.org/wiki/A%26M_Records,_Inc._v._Napster,_Inc.) Video from the panel discussion (https://archive.org/details/Orphanworksandmassdigitization20120412) at UC Berkeley’s April 2012 Orphan Works and Mass Digitization Conference diybookscanner.org (https://diybookscanner.org) Internet Archive Books (https://archive.org/details/internetarchivebooks) Vernor Vinge, Rainbow’s End (https://www.amazon.com/Rainbows-End-Vernor-Vinge/dp/0812536363) About shotgun sequencing (https://en.wikipedia.org/wiki/Shotgun_sequencing), the DNA sequencing method used by Celera Genomics to sequence the human genome in 2000 James Grimmelmann, Scholars, Teachers, and Servants (https://james.grimmelmann.net/files/articles/scholars-teachers-servants.pdf) New York Law School’s In re Books Conference (http://www.nyls.edu/innovation-center-for-law-and-technology/iilp-archive/iilp-conferences/in_re_books/) Special Guest: James Grimmelmann.
Jeremy Sheff joins us to discuss a successful project to create a free and open Property Law casebook. Students of the world unite! You have only your restrictive licenses to lose. (Jeremy worked on this project with the incomparable Stephen Clowney, James Grimmelmann, Michael Grynberg, and Rebecca Tushnet.) This show’s links: Jeremy Sheff’s faculty profile (http://www.stjohns.edu/academics/bio/jeremy-sheff), website (https://jeremysheff.com), and writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=589465) Open Source Property: A Free Casebook (https://opensourceproperty.org) Oral Argument 20: Twelve Billion Dollars (http://oralargument.org/20) (the one about casebooks) Special Guest: Jeremy Sheff.
With Michelle Meyer, a scholar of bioethics and law and a longtime listener of this show, we talk about human testing and Facebook. There’s a lot to talk about, but it doesn’t dissuade us from our customary, introductory nonsense, this time including a gift from listener Michelle, Star Wars, Joe’s mangling of last names, and Joe — and this actually happened — eating dog food. If you hate fun and want to get right to the colloquium part of America’s Faculty Colloquium, it starts a little after 23 minutes in. Should corporations be able to experiment on its customers and employees without their consent? Don’t they all do that, and haven’t they always? Don’t we all do that? Does it matter whether Facebook is more like a burrito stand or a utility? Mmmm… burritos. This show’s links: Michelle Meyer’s web page, faculty profile, and writing America’s Team The excellent Phantom Menace poster Vindu Goel, Facebook Tinkers with Users’ Emotions in News Feed Experiment, Stirring Outcry Christian Sandvig, Karrie Karahalios, and Cedric Langbort, Uncovering Algorithms: Looking Inside the Facebook News Feed Michelle Meyer, Everything You Need to Know about Facebook’s Controversial Emotion Experiment (Wired) About social comparison theory and emotional contagion Adam Kramer, Jamie Guillory, and Jeffrey Hancock, Experimental Evidence of Massive-Scale Emotional Contagion Through Social Networks The Belmont Report The Common Rule Michelle Meyer and Christopher Chabris, Please, Corporations, Experiment on Us (N.Y. Times) James Grimmelmann, Illegal, Immoral, and Mood-Altering (Medium) Michelle Meyer et al., Misjudgements Will Drive Social Trials Underground (Nature) Michelle Meyer, Two Cheers for Corporate Experimentation: The A/B Illusion and the Virtues of Data-Driven Innovation Michele Meyer, More on the A/B Illusion: IRB Review, Debriefing, Power Asymmetries and a Challenge for Critics Special Guest: Michelle Meyer.
I'm pleased to post Show # 220, August 6, my interview with James Grimmelmann of the University of Maryland School of Law and David Post of Temple University School of Law, on the recent US Supreme Court decision in ABC, Inc. v. Aereo and Facebook's emotional manipulation study. David and James are both repeat guests on Hearsay Culture, but have never been on together. We focused on two issues: (a) the Aereo amicus brief authored by David and James on behalf of law professors, and the 'impact of the Aereo decision on copyright law and how new content delivery systems may or may not run afoul of copyright law, and (b) the impact of Facebook's secretive 2014 behavioral study in which it manipulated the content delivered to users' newsfeeds, particularly James' extensive analysis of the problems associated with the study. Both issues raise important questions of the role of law in information and content distribution and how private entities and the public might navigate the current technological terrain. I always enjoy David and James as insightful guests capable of wide-ranging discussion, and this show was no exception. {Hearsay Culture is a talk show on KZSU-FM, Stanford, 90.1 FM, hosted by Center for Internet & Society Resident Fellow David S. Levine. The show includes guests and focuses on the intersection of technology and society. How is our world impacted by the great technological changes taking place? Each week, a different sphere is explored. For more information, please go to http://hearsayculture.com.}
New York Law School’s James Grimmelmann and Robert Darnton of the Harvard University Library look at the ruling against the tech company. Plus: When Apple boots apps, and our on-line personalities cross over to real life.
James Grimmelmann is Associate Professor at New York Law School and a member of its Institute for Information Law and Policy. He received his J.D. from Yale Law School, where he was Editor-in-Chief of LawMeme and a member of the Yale Law Journal. Prior to law school, he received an A.B. in computer science from Harvard College and worked as a programmer for Microsoft. He has served as a Resident Fellow of the Information Society Project at Yale, as a legal intern for Creative Commons and the Electronic Frontier Foundation, and as a law clerk to the Honorable Maryanne Trump Barry of the United States Court of Appeals for the Third Circuit. He studies how the law governing the creation and use of computer software affects individual freedom and the distribution of wealth and power in society. As a lawyer and technologist, he aims to help these two groups speak intelligibly to each other. He writes about intellectual property, virtual worlds, search engines, online privacy, and other topics in computer and Internet law. Recent publications include The Ethical Visions of Copyright Law, 77 Fordham L. Rev. 2005 (2009), How to Fix the Google Book Search Settlement, J. Internet L., Apr. 2009, at 1, and The Structure of Search Engine Law, 93 Iowa L. Rev. 1 (2007). He has been blogging since 2000 at the Laboratorium (http://laboratorium.net/). His home page is at http://james.grimmelmann.net/.
A talk show on KZSU-FM, Stanford, 90.1 FM, hosted by Center for Internet & Society Resident Fellow David S. Levine. The show includes guests and focuses on the intersection of technology and society. How is our world impacted by the great technological changes taking place? Each week, a different sphere is explored. This week, David interviews Prof. James Grimmelmann of New York Law School discussing the Google Book Settlement. For more information, please go to http://hearsayculture.com.
A talk show on KZSU-FM, Stanford, 90.1 FM, hosted by Center for Internet & Society Resident Fellow David S. Levine. The show includes guests and focuses on the intersection of technology and society. How is our world impacted by the great technological changes taking place? Each week, a different sphere is explored. This week, David interviews James Grimmelmann of New York Law School, discussing his work-in-progress "The VirTue of Moderation: Online Communities as Semi-Commons." For more information, please go to http://hearsayculture.com.