Law

Have LLMs Broken Fair Use?

Two sets of authors sued Anthropic and Meta in San Francisco for copyright infringement, arguing that the companies had pirated their works to train their LLMs. Everyone agreed that a key question was whether fair use allowed it, and in both cases, the courts looked at the fair use issue before dealing with other aspects of the cases. Even though the facts in both cases were very similar, last week, two judges in the same court wrote opinions, coming to very different conclusions. How can that happen? Is fair use broken? more

Digital Sovereignty in a Fragmenting Internet: What Role Should WSIS+20 Play?

As the global digital order enters an era of intensifying geopolitical tension, debates over digital sovereignty have re-emerged as a defining fault line in Internet governance. At stake is not merely who controls data or infrastructure within national borders but whether the vision of a globally interoperable, open Internet, one of WSIS's founding principles, can be meaningfully sustained. more

Reviling Universal Service Subsidies and Then Showcasing the Results

Today, the Supreme Court will consider a challenge to the universal service subsidy program established soon after the introduction of telephone service by the AT&T Bell System and later officially adopted by the FCC as mandated by a 1996 law.1, 2 Universal service funding supports access to telephone and broadband service by subscribers in rural locales that commercial ventures will not serve absent a subsidy. more

11 Information Economy Policy Reversals Coming to a Marketplace Near You!

In the wake of the election, sweeping policy shifts in the information economy are set to accelerate. Expect fast-tracked FCC reforms, Starlink subsidies, and AI-driven oversight to redefine media, tech, and regulatory landscapes. From relaxed antitrust to intensified media control, these eleven reversals signal a move toward deregulation and Chicago School libertarianism, with lasting impacts on U.S. markets and governance. more

Colombia Avoids $350 Million Lawsuit Over “.co” Domain Dispute

Colombia has successfully defended itself against a $350 million lawsuit filed by U.S. company Vercara, formerly known as Neustar, in a legal battle over the management of the ".co" internet domain. more

Internet Archive Loses Their CDL Appeal

The Internet Archive's Controlled Digital Lending (CDL) lends out scans of physical books, ensuring that each scan is lent to one person at a time. Publishers sued, and the Archive lost thoroughly in April 2023. The Archive appealed the decision to the Second Circuit court in New York. As I said at the time, the appeal seemed like a long shot since that is the same court that said that Google Books was OK, mostly because it didn't provide full copies of the books. more

The Role of Chronic Radio Interoperability Impediments in the Butler, PA Assassination Attempt

There are many inconvenient truths about radio spectrum sharing and transceiver interoperability that require full ventilation and resolution. Spectrum users want exclusive access and - news flash - they do not like to share! Campaign events, like the Trump Bulter, PA rally, require short notice, forced cooperation between and among federal, state, and local law enforcement officers, as well as a variety of other government agencies. more

Senators Introduce COPIED Act to Combat AI-Driven Deepfakes

In a bipartisan effort to address the growing threat of deepfakes, U.S. Senators Marsha Blackburn (R-Tenn.), Maria Cantwell (D-Wash.), and Martin Heinrich (D-N.M.) have introduced the Content Origin Protection and Integrity from Edited and Deepfaked Media Act (COPIED Act). more

South Korean Telecom Giant KT Corporation Accused of Infecting 600,000 Users with Malware Over Torrent Use

South Korean telecom giant KT Corporation has been implicated in deliberately infecting over 600,000 users with malware due to their use of torrent services, as reported by JTBC. more

French Court Orders Google, Cloudflare, Cisco to Poison DNS in Anti-Piracy Crackdown

In a significant escalation against piracy, a French court has ordered Google, Cloudflare, and Cisco to tamper with their DNS resolvers to block access to approximately 117 pirate sports streaming domains. more

NIS 2.0 and Its Impact on the Domain Name Ecosystem

I recently appeared on the 419 Consulting podcast to discuss the European Union's NIS 2.0 Directive and its impact on the domain name ecosystem. I encourage all TLD registries, domain name registration service providers, and DNS operators to listen to the recording of that session which Andrew Campling has made available. more

How Much Did the U.S. Wireless Carriers “Earn” From “Location Information Aggregators”?

The FCC lawfully fined U.S. facilities-based wireless carriers nearly $200 million for selling highly intrusive location data about subscribers without their "opt-in" consent. In Section 222 of the Communications Act, Congress comprehensively specified how the carriers bore an affirmative duty of care not to disclose clearly defined Customer Proprietary Information ("CPNI"). The Act explicitly required the FCC, and no other agency, to protect telecommunications consumers. more

UK First Country to Implement Cybersecurity Laws for Smart Devices, Including Banning Easily Guessable Default Passwords

Today UK's new consumer protection laws against hacking and cyber-attacks officially take effect. This legislation, a global first, mandates that all internet-connected smart devices - from smartphones and game consoles to connected refrigerators - meet stringent security standards. more

Proposed Generative AI Disclosure Act Seeks Transparency and Fairness in AI Training Datasets

In response to ongoing controversies over the use of copyrighted content in training artificial intelligence, U.S. Representative Adam Schiff has introduced the Generative AI Disclosure Act more

U.S. Congress Nears Breakthrough Agreement on National Online Data Protection Framework

In a landmark move that may pave the way for enhanced online data protection in the United States, key congressional committee leaders are on the brink of finalizing a national framework to safeguard Americans' personal data on the Internet.  more