Policy Papers

In this essay for Lawfare, Prof. Bambauer describes how Europe’s new Digital Markets Act, which is intended to increase competition among digital services companies, is on a collision course with the GDPR and other privacy laws.

This comment, coauthored by Prof. Jane Bambauer, addresses Accountable Tech’s Petition asking the Federal Trade Commission (FTC) to initiate a rulemaking to prohibit tailored advertising as an unfair method of competition. We make five main points that cast serious doubt on the wisdom and viability of such a rulemaking. First,

The Atlantic (April 25, 2020) In this provocative essay, Jack Goldsmith and Andrew Keane Woods argue that American tech firms’ mission to export First Amendment values to the rest of the world was a misguided failure.

This report contains findings and recommendations from usability testing of the State of Utah’s online dispute resolution (ODR) platform. Utah’s ODR platform is a web-based alternative dispute resolution tool that provides parties in small claims debt collection actions with an opportunity to resolve their cases online. The report includes results

This report, produced for the Knight First Amendment Institute, proposes legal protection for certain research and news gathering projects focused on platforms.

This Brookings essay explains the results of original research testing the conditions under which people tend to prefer human decision-makers over algorithmic decision-makers, even when the algorithms are more accurate.

This Essay, produced for the Hoover Institute as part of the Aegis series, defends the police use of facial recognition technology to identify suspects in crime footage or to locate individuals with outstanding warrants. It argues that the perils that flow from facial recognition can be mitigated through sensible limits

Andrew Woods contributed to this report of the UN Security Council’s Counter-Terrorism Committee and testified before the UN Security Council on the same topic.

Derek Bambauer and twenty-five other trademark experts submitted a letter opposing a bill that would expand trademark law in a way that could significantly curtail comparison shopping online.

This Lawfare essay proposes a new tort that would deter radicalization online by creating secondary liability for de facto leaders of online networks when a member commits an act of physical violence against a bystander.