Kate Klonick

@klonick.bsky.social

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Law professor & journalist researching internet law, online speech governance, AI.

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Enchilada Paris sunsets

Turned my despair into that NYT tomato tart

Bastille day 🎆

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Kate Klonick

NEW: The Equal Rights Amendment is back on the New York ballot this November! The state's high court has affirmed the judgement of a lower appeals court reversing a recent opinion by a Western New York judge who had thrown out the ballot question on procedural grounds

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It's true! Listen in as I, @daphnek.bsky.social and @mmasnick.bsky.social opine about the Netchoice, Murthy, and maybe even Lindke cases. There will even be Q&A!

We are kicking off our livestream series on July 18 with a dive into the impact of recent U.S. Supreme Court opinions. Join David Greene, Mike Masnick, and Daphne Keller for "The U.S. Supreme Court Takes on the Internet" eff.org/livestream-scotus

Something I never knew existed when I was younger: There is an elite system of arbitrage in which the rich want to be famous and hang out with famous people; famous people want to be seen as smart and hang out with smart people, and smart people want money so they hang out with rich people.

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What this article leaves out is that if you hand your unlocked phone to a police officer, they can legally search it. Unless companies develop a method that allows you to show officers insurance cards and driver license without unlocking the rest of your phone, don't. www.zdnet.com/article/digi...

This state is introducing digital driver's licenses. Here's what you need to knowwww.zdnet.com Your physical wallet is being replaced piece by piece. Here's what you need to know about using digital IDs.

Celebrated my 40th birthday surrounded with French flowers & family & friends after a very crazy last week of my 30s, which featured emergency surgery & 2 days in the hospital (home & recovering now but this is why I missed Netchoice!) This is 40 and I’ve never felt luckier.

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Yesterday, the Supreme Court handed down its decision in Murthy v. Missouri, the “jawboning” case, ruling that plaintiffs do not have standing. On Lawfare Daily, @benjaminwittes.bsky.social discussed the decision with @klonick.bsky.social and Matt Perault.

Lawfare Daily: The Supreme Court Rules in Murthy v. Missouriwww.lawfaremedia.org Discussing the Supreme Court's jawboning decision

The harassment that has been simultaneously underway in the parallel civil suit to Murthy in the same court, by the same plaintiffs should result in sanctions. The effect of this nefarious and targeted litigation on these researchers and research in this field generally has been the real censorship

As a person being sued by the same defendants in that same district court, “good” doesn’t come close. Hopeful that one gets thrown out on standing next week. I can’t imagine what kind of case they think they have now. The “facts” in both cases are the same.

6 months ago, I dragged my ass 8 wks post-partum to NYC to debate one of this cases's plaintiffs & so-called "censorship victim" in what I thought would be a good faith debate only to get dogpiled by crazy right-wing conspiracy theorists when I insisted THERE WAS NO STANDING So:

Murthy out. No standing! Great outcome. Opinion by Barrett who calls out the 5th Circuit for affirming the DC's "sweeping" preliminary injunction and says it was "wrong to do so" SO REFRESHING TO READ

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Say it louder for the folks in the back: Jawboning is a real problem that deserves real jurisprudence, but this case was always built on lies, misrepresentation, and conjecture. Glad to see the majority recognize that.

Barrett: Plaintiffs claims are "no more than conjecture" and "have not pointed to *any* past restrictions likely traceable to government defendants" -- and Fifth Circuit wrongly relied on District Court's "clearly erroneous" findings of fact.

This is a snapshot of you.

Tango at the Odeon at midnight

My dad still has the Washington Post paper announcing Nixon’s resignation. Me? I’ll just have this image as my iPhone wallpaper the next 50 years.

💀

Now announcing executive director of @mozilla.ai !!

Welcoming @nabiha.bsky.social Nabiha Syed, CEO of the Markup to BlueSky! Love this lady who will get pizza at 10 am with me wearing this boss outfit

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I had some *thoughts* on the new "bipartisan" bill to "sunset Section 230" and the accompanying WSJ oped its authors released with the bill. You would not believe how many swear words I had to remove from the original draft. www.techdirt.com/2024/05/13/b...

Bipartisan Bill To Repeal Section 230 Defended In Facts-Optional Op-Edwww.techdirt.com Section 230, the legal backbone of the internet, is under attack again. This time, it is from a bipartisan pair of legislators who seem to fundamentally misunderstand how the law works and what the…

My latest in The Klonickles with Margo Williams -- The Anti-TikTok Law Explaining the legal and political background to the so-called "TikTok Ban" HT Nick Frisch Dan Wang @jameeljaffer.bsky.social @anupamchander.bsky.social open.substack.com/pub/klonick/...

The Anti-TikTok Lawopen.substack.com An explainer on the law and politics around the controversial new TikTok regulation.

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Just a day after a Hong Kong appeals court granted the government's request to ban protest anthem Glory to Hong Kong, "some of the 32 YouTube videos that are explicitly targeted in the injunction were inaccessible for users worldwide, not just in Hong Kong."

Hong Kong is targeting Western Big Tech companies in its ban of a popular protest songwww.technologyreview.com And it's already succeeded in making platforms like YouTube remove it worldwide.

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i consider katherine maher a friend and an important presence in our democratic debates. so i've followed the right's attempt to take her down with disgust. judd legum does a nice job here showing how bari weiss & her fellow free speech phonies are part of the effort.

The real cancel culturepopular.info In 2020, Bari Weiss quit her job as an editor and writer at the New York Times editorial page in a huff. In her public resignation letter, Weiss argued that she was forced out because the paper had be...

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Given that E2EE messaging is coming to Bluesky, now seems a good time to cross-post a thread of mine from Threads, briefly discussing one of the interesting non-obvious tradeoffs that we had to consider around message history.

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📣 Some personal news: one month from today, my book is out! 🎉 I wrote the 📖 during a wild year as Jim Jordan subpoenaed & Stephen Miller sued me & my colleagues. Now it’s my turn to tell the story. Preorders are open —they really help! If you hate AMZN, small shops on my website. amzn.to/4bbiDJD

Amazon.com: Invisible Rulers: The People Who Turn Lies into Reality: 9781541703377: DiResta, Renee: Booksamzn.to Amazon.com: Invisible Rulers: The People Who Turn Lies into Reality: 9781541703377: DiResta, Renee: Books

Bon nuit, moon

There should be a gif of Marty telling the Doc that in 2024 Bobby Kennedy’s son is running for president and also a worm ate his brain and its dead inside his skull

My latest in the Klonickles: TL;DR: The EU Deploys the DSA; New Tools to Stop Sextortion; Congress Actually Does Something; Introducing Margo Williams! HT: @mathver.bsky.social @stanfordio.bsky.social open.substack.com/pub/klonick/...

TL;DR: The EU Deploys the DSA; New Tools to Stop Sextortion; Congress Actually Does Somethingopen.substack.com The TL;DR round-up gives a quick analysis of consumer, industry, academic, and legal tech news every few weeks.

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Thoughtful and provocative, but the first sentence of this essay - "It has been thirty years since the technology revolution began in Silicon Valley." - misses the opportunity to put comparative law, $$, and demographics into longer, fuller perspective. A brief 🧵.

My latest Substack: It's been 30 years and the EU still has no tech industry especially compared to the U.S. But why? I unpack possible reasons from @anupamchander.bsky.social Anu Bradford and David Evans and what the future holds for the EU tech market. open.substack.com/pub/klonick/...

Why Does the EU Have No Tech Industry?open.substack.com A number of scholars and economists have debated this question for years, and offered very different proposals for why. Here are three leading theories and what they mean for EU tech and regulation.