Should regulators focus on present-day or potential future AI risks? The answer is both.
lawfaremedia.org/article/the-fa…

“[R]ecognition of short-term and long-term AI risk is mostly complementary, with each type of risk strengthening the case for systemic AI regulation.”
Matthew Tokson, Yonathan Arbel, and Albert Lin on regulating AI for the present and the future. lawfaremedia.org/article/the-fa…

Federal judges have emphasized the voluntary nature of Google's Location History in assessing geofence warrants. But in reality, location tracking isn't 'opt-in' and 2/3rds of Google users don't 'reject' it.
I did a deep dive for Lawfare: lawfaremedia.org/article/how-go…

'Forced choice permission screens should not be deemed sufficient to waive users’ constitutional rights.'
Matthew Tokson explains how Google’s Location History program threatens to undermine existing constitutional protections for location data. lawfaremedia.org/article/how-go…

I have a new piece up on Lawfare arguing that the First Amendment does not generally protect the distribution of machine-learning model weights. This is an important legal issue as the government considers AI export controls. lawfaremedia.org/article/there-…

AI's Hippocratic Oath by Chinmayi Sharma youtube.com/live/0HHTvPoA3… Fordham Law

Thrilled to announce that our new paper 'The Reality of the Good Faith Exception' is now forthcoming in the The Georgetown Law Journal. It features the first large-scale empirical study of the exception in Fourth Amendment cases. papers.ssrn.com/sol3/papers.cf…

Hard to see how they could have probable cause here, or how merely viewing a video could be sufficient to implicate the viewer in a crime (assuming the video itself was lawful to view)

In election law academia, there's a joke that professors shouldn't mention PR too soon because it solves all the problems addressed by the course. Gerrymandered legislatures? Lack of minority representation? Lack of competition? Legislative polarization? PR helps fix them all.

US law reviews have created a truly idiosyncratic culture that allows claims like 'in this article I will argue that I am the first person to ever think about law' while at the same time you have to provide half a page of evidence for something like 'people need food and water'

As artificial intelligence development continues, Yonathan Arbel, Ryan Copus, Kevin Frazier, Noam Kolt, Alan Rozenshtein, Peter N. Salib, Chinmayi Sharma, and Matthew Tokson make the case for AI safety law and describe preliminary open questions for scholars to address. lawfaremedia.org/article/open-q…

Pollack & Tokson on Property in Fourth Amendment Law, lsolum.typepad.com/legaltheory/20…

A much-needed paper criticizing the ascendancy of claims that private law principles do a good job in resolving 4th am. Qs. The next project here is to connect the rise of 'new private law' w/ the rise public law formalism [to say something meaningful about the politics of

I'm absolutely delighted that Contract or Prison will be published in the UChicago Law Review. UChicago Law Review
ssrn.com/abstract=43778…

Fun article name alert, AI edition

An excerpt of Means of Control is out in Wired today!

How the Pentagon came to use targeted ads to find its targets — a tale of how advertising became a form of government surveillance.
wired.com/story/how-pent…

Surveillance and tech folks: Danielle Citron and I Virginia Law Review 'Indiscriminate Data Surveillance.' Policing and private cos buddying up collecting data on us all. It must cease until regulated in the way Congress has demanded in past instances urldefense.proofpoint.com/v2/url?u=https…