“The Digital Social Contract” paper series explores the role of changing technology and non-government actors in driving social, legal, and political change. It features long-form research papers and podcast interviews focusing on the relationship between governments, technology companies, and citizens.
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The Developing Law of AI Regulation: A Turn to Risk Regulation
The fast-developing law of AI appears to be… risk regulation. But there is more to risk regulation’s toolkit than impact assessments. -
The Lawfare Podcast: Margot Kaminski on Regulating AI Risks
In the last few months we've seen an explosion of new AI products. And in response, we've also heard calls for far more aggressive government regulation. But what does it mean to regulate AI? -
The Lawfare Podcast: Ashley Deeks on International Regulation of National Security AI
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National Security AI and the Hurdles to International Regulation
Small-group cooperation and unilateral efforts to develop settled expectations around the use of national security AI are far more likely than an international regime analogous to nuclear arms control. -
The Lawfare Podcast: Dan Byman on Content Moderation Tools to Stop Extremism
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Content Moderation Tools to Stop Extremism
Technology companies are more active than ever in trying to stop hateful individuals, organizations, and movements from exploiting their platforms, but government and public pressure to do more is growing. -
The Lawfare Podcast: Mary Anne Franks on Section 230
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Section 230 and the Anti-Social Contract
The power that tech platforms have over individuals can be legitimized only by rejecting the fraudulent contract of Section 230 and instituting principles of consent, reciprocity, and collective responsi... -
The Lawfare Podcast: Jeff Kosseff on the Fight Against Online Child Pornography
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Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma
The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illega... -
The Lawfare Podcast: Jane Bambauer and Brian Ray on the Lost Promise of Digital Contact Tracing
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COVID-19 Apps Are Terrible—They Didn't Have to Be
COVID-19 apps in the United States have been ineffective as public health tools because they are designed primarily to protect privacy. Poor design choices, effectively mandated by Google and Apple, were...