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Jonathan Frieden (who runs the e-commerce law blog) has a nice, pithy summary of Section 230: If the “essential published content” is willingly provided by a third-party, the interactive computer service provider publishing that content enjoys the full immunity afforded by Section 230. Amen, brother! I noted Eric Goldman’s excellent outline about Section 230 back [...]

Somewhere between Nick Carr’s “Typology of Network Strategies” and Chris Anderson’s “Four Kinds of Free” is the secret to understanding our new economy: Carr’s “Typology of Network Strategies”: Network effect Data mining Digital sharecropping, or “user-generated content” Complements Two-sided markets Economies of scale, economies of scope, and experience Anderson’s “Four Kinds of Free”: Direct cross-subsidy [...]

Of the titles I included in a mega-book review about Internet optimists and pessimists that I posted here a few months ago, I mentioned Lee Siegel’s new book, Against the Machine: Being Human in the Age of the Electronic Mob.  It is certainly the dourest of the recent books that have adopted a pessimistic view [...]

Back in 2005, I threw away a book I was writing. Well, I didn’t exactly toss it in a garbage can or take a match to the manuscript; I just abandoned the project to work on other things, including a different book and a big law review article. I’m still mad at myself for never [...]

Andrew Keen is the web’s favorite whipping boy these days, and in some ways he has it coming. His latest book, The Cult of the Amateur: How Today’s Internet is Killing Our Culture, is an anti-all-things-Web 2.0 screed. Keen lambastes “Internet democracy” (specifically the Wiki model of collaborative creation) and decries the rising tide of [...]

A few weeks ago, I outlined the amazing keynote address that Harvard University law professor Laurence H. Tribe delivered at PFF’s annual Aspen Summit. Now you can read it for yourself. PFF has just published the transcript of his speech, which was entitled, “Freedom of Speech and Press in the 21st Century: New Technology Meets [...]

I’ve written much about the potential “chilling effect” associated with over-zealous FCC regulation of speech. Some people doubt that the FCC’s regulatory wrath is really so severe that media operators will censor important programs for fear of being fined afterward. But we know that that is exactly what happened with a 9/11 documentary last year [...]

Many lawmakers and regulators are currently proposing the expansion of broadcast industry regulation. For example, fines have been greatly increased for “indecent” programming on broadcast television and radio, and efforts are underway to extend indecency regulations to cover cable and satellite television. Meanwhile, some policymakers are advocating government regulation of “excessively violent” programming on both [...]

Well, I know I’m starting to sound like a broken record on this point, but it never ceases to amaze me how some policymakers get away with speaking so poorly of parents during policy debates about media content. First, you will recall that, in late April, the Federal Communications Commission released a report calling for [...]

I am testifying today at 10:00 in the House Energy & Commerce Committee (Telecom & Internet subcommittee) at a hearing on “The Images Kids See on the Screen.” The purpose of the hearing is to examine the negative things that children may be exposed to on various screens (TV violence, product placement, fatty foods, smoking, [...]