Eric Goldman
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ericgoldman.bsky.social
Eric Goldman
@ericgoldman.bsky.social

Associate Dean for Research & Professor, Santa Clara Law. Internet Law, IP, Advertising Law. He/him. Website: http://www.ericgoldman.org. Email: egoldman@gmail.com

Eric Goldman is a law professor at Santa Clara University School of Law. He also co-directs the law school's High Tech Law Institute and co-supervises the law school's Privacy Law Certificate. .. more

Business 29%
Political science 26%
a new genre of photo in the last year is federal agents working for ICE pointing guns directly at photographers

As I tell my students, I don't need to make up the facts for most of my "hypotheticals" because real-life is more wild than my imagination

Lawyer boasts: "I am a petty-ass bitch. One of my favorite things to do is drop a bunch of bullshit on opposing counsel's desk at like 4:45 on a Friday afternoon, & then be like, thanks so much. Have a great weekend!" When she does this, how should the court respond?

www.govinfo.gov/content/pkg/...
www.govinfo.gov

Reposted by Rebecca Tushnet

This master's thesis did a consumer survey about editorial transparency mandates & concluded that "disclosing moderation decisions does not significantly enhance users’ positive perceptions, attitudes, platform usage, or online expression"

www.proquest.com/docview/3263...
www.proquest.com
I understand why we shut down American airspace for a few days after 9-11 to avoid a repeat attack but imagine shutting down American airspace to avoid releasing the Epstein files.
Steve Bannon: If we lose the midterms and we lose 2028, some in this room are going to prison, myself included.

From a legal standpoint, does an app constitute an "Internet website"? With respect to the since-amended Oregon's sui generis non-consensual pornography law, the answer is "no"

cdm17027.contentdm.oclc.org/digital/coll...
A179577, Opinion
In Case No. 17CR83828, conviction for UDII reversed; remanded for resentencing. In Case No. 19CR43394, affirmed.
cdm17027.contentdm.oclc.org

AI chatbots can and do publish content consistent with their editorial agendas. If the First Amendment doesn't protect their editorial decisions, government censors will require *all* chatbots to espouse partisan orthodoxies that entrench incumbents' power

www.nytimes.com/2025/11/04/b...
Right-Wing Chatbots Turbocharge America’s Political and Cultural Wars
www.nytimes.com

Reposted by Eric Goldman

This is seriously one of those things that probably blows the minds of most people outside of the United States.

A “swearing in” should obviously be completely ceremonial, and should have no legal weight at all.

THE ELECTION GIVES THE WINNER THE ROLE, not the Speaker.

It really makes no sense.
Swearing in isn’t some ceremony. You aren’t a member of Congress until it happens. He knows that.

No phones, no staff, nothing.

I had to escort her into the Capitol on Wed bc Capitol police must treat her as a public visitor until she’s sworn in. And solo visitors aren’t allowed during shutdown!
Johnson: "Grijalva should be working for her constituents right now. I don't know what she's doing. I keep seeing their political stunt videos. She should be in her office. She should be working or in the district for her constituents" (Grijalva is not in fact a Rep. b/c Johnson refuses to seat her)

Reposted by Rebecca Tushnet

I rarely get hard-copy reprints of my articles any more, so it was nice to receive reprints of my "Generative AI is Doomed" essay. Bonus: the 30+ images are reprinted in color!

flic.kr/p/2rA8NH2

Happy to mail you a reprint--email egoldman@gmail.com

Read the PDF: ssrn.com/abstract=480...
Generative AI is Doomed Article Reprint
flic.kr
O'DONNELL: Why did you pardon Changpeng Zhao?

TRUMP: Are you ready? I don't know who he is

O'DONNELL: His crypto exchange Binance helped facilitate a $2b purchase of World Liberty Financial's stablecoin. And they you pardoned him.

TRUMP: Here's the thing -- I know nothing about it

FWIW, I will never forgive the AI video of "King" Trump liqui-shitting on peaceful American protestors

www.techdirt.com/2025/10/30/t...
Trump’s Government Of Spite: Political Performance Art For Assholes
A couple weeks ago, as millions of Americans took to the streets in what may have been the largest single day of protest in U.S. history, the President of the United States responded by… posting a …
www.techdirt.com

This is really appalling: Rep Adam Smith tells me that in a briefing, Pentagon officials said they reserve the right to kill people who are "affiliated" with their list of "narco-terror groups."

But under questioning, they wouldn't define what "affiliated" means!

newrepublic.com/article/2025...

Seventh Circuit calls out the SAD Scheme: "we acknowledge that a flood of similar claims of intellectual property infringement with no particular ties to the Northern District of Illinois have swamped and, understandably, troubled the district courts"

media.ca7.uscourts.gov/cgi-bin/Opin...
media.ca7.uscourts.gov
“They have fun while doing it, which is deeply disturbing. We expect some level of decorum from government officials,” says Phoebe, a member of Harbor Area Peace Patrols.

The full story: lataco.com/federal-immi...

By Aisha Wallace-Palomares
Kristi Noem: "No American citizens have been arrested or detained. We focus on those who are here illegally. And anything you would hear or report that would be different than that is simply not true and false reporting."

DHS deceptively spliced images from different cities and times in videos sowing fear about "chaos" in Chicago and Washington, D.C., a WaPo investigation found.

DHS used footage from years ago, half the country away, or even in international waters, the Post found.

🎁 🔗 wapo.st/4nuDGwf
wapo.st
New incredible detail here: ICE says a match in its facial recognition app Mobile Fortify is a "definitive" determination of a person's status, and that this overrides birth certificates. This is an app ICE is using in the field to scan people

www.404media.co/ice-and-cbp-...
Vance says it is "totally reasonable and acceptable" for people to not want to live next door to people who speak a different language than they do
In Portland, Oregon, masked ICE GOONS abducted and vanished US citizen Gonzalo Catalan last week. Tragically, his family remains unaware of his whereabouts and has not received any communication from him as of today.
Wow. "Months after law firms made deals with President Trump to ward off punitive executive orders, the ethics committee of the District of Columbia Bar is warning that such arrangements may require firms to drop or obtain waivers from all clients who have interests at odds with the government."
After Law Firm Deals With Trump, D.C. Bar Warns of Ethical Jeopardy
www.nytimes.com

Blog Post: SAD Scheme Cases Are a Cesspool of IP Owner Overreaches–Nike v. Quanzhou Yiyi Shoe Industry

blog.ericgoldman.org/archives/202...

The post contains a bonus: lyrics and video for a new AI-generated song, "SAD Scheme Girl," inspired by Madonna's Material Girl 🎶
SAD Scheme Cases Are a Cesspool of IP Owner Overreaches-Nike v. Quanzhou Yiyi Shoe Industry - Technology & Marketing Law Blog
As part of their overall proclivity towards rights accretion, IP owners routinely stretch legal doctrines and request overreaching remedies. When IP owners proceed in court without opposition, they so...
blog.ericgoldman.org

Reposted by Eric Goldman

"The next presidency is going to have to embark on a sweeping de-Trump-ification of the entire federal government to purge it of the culture of abuse and lawlessness that has taken hold, and there are few more vivid examples than ICE." — @paulwaldman.bsky.social
ICE is out of control and beyond repair
This agency needs to be stripped down to the studs. Dems should start preparing now.
www.publicnotice.co