Margot
@margotkaminski.bsky.social
Professor at Colorado Law. Data privacy, AI, speech.
Pinned
Margot
@margotkaminski.bsky.social
· Oct 23
Colorado Law names new Professorships, Dean’s Scholars Award Recipients
Colorado Law is thrilled to announce our newest Professorships, along with the three recipients of the Dean’s Scholar Awards. These individuals already bring
www.colorado.edu
I'm grateful and delighted to have received the Moses Lasky Professorship www.colorado.edu/law/2025/10/.... (and congratulations to my colleagues for well-earned recognition!)
I'm grateful and delighted to have received the Moses Lasky Professorship www.colorado.edu/law/2025/10/.... (and congratulations to my colleagues for well-earned recognition!)
Colorado Law names new Professorships, Dean’s Scholars Award Recipients
Colorado Law is thrilled to announce our newest Professorships, along with the three recipients of the Dean’s Scholar Awards. These individuals already bring
www.colorado.edu
October 23, 2025 at 7:55 PM
I'm grateful and delighted to have received the Moses Lasky Professorship www.colorado.edu/law/2025/10/.... (and congratulations to my colleagues for well-earned recognition!)
Reposted by Margot
See also Alan Chen's response, Pluralism and Listeners' Choices Online.
southerncalifornialawreview.com/2025/09/25/p...
southerncalifornialawreview.com/2025/09/25/p...
Pluralism and Listeners’ Choices Online – Southern California Law Review
“The plain, if at times disquieting, truth is that in our pluralistic society, constantly proliferating new and ingenious forms of…
southerncalifornialawreview.com
October 6, 2025 at 3:00 AM
See also Alan Chen's response, Pluralism and Listeners' Choices Online.
southerncalifornialawreview.com/2025/09/25/p...
southerncalifornialawreview.com/2025/09/25/p...
Reposted by Margot
Listeners' Choices Online is now online. I hope you will choose to listen to it!
james.grimmelmann.net/files/articl...
james.grimmelmann.net/files/articl...
james.grimmelmann.net
October 6, 2025 at 3:00 AM
Listeners' Choices Online is now online. I hope you will choose to listen to it!
james.grimmelmann.net/files/articl...
james.grimmelmann.net/files/articl...
Reposted by Margot
It was very nice to have two of my recent articles featured in JOTWELL reviews this month—Maureen Carroll on "Deterring Unenforceable Terms," courtslaw.jotwell.com/should-draft...
and @margotkaminski.bsky.social on "The Deletion Remedy" cyber.jotwell.com/ai-disgorgem...
and @margotkaminski.bsky.social on "The Deletion Remedy" cyber.jotwell.com/ai-disgorgem...
Should drafters be penalized for clearly unenforceable terms? - Courts Law
Daniel Wilf-Townsend, Deterring Unenforceable Terms, 111 Va. L. Rev. __ (forthcoming 2025), available at SSRN (June 6, 2024).Maureen CarrollMost of us (if not all) have entered a contract with one or ...
courtslaw.jotwell.com
September 29, 2025 at 1:46 PM
It was very nice to have two of my recent articles featured in JOTWELL reviews this month—Maureen Carroll on "Deterring Unenforceable Terms," courtslaw.jotwell.com/should-draft...
and @margotkaminski.bsky.social on "The Deletion Remedy" cyber.jotwell.com/ai-disgorgem...
and @margotkaminski.bsky.social on "The Deletion Remedy" cyber.jotwell.com/ai-disgorgem...
Two great new articles on AI "recalls" (aka model disgorgement): cyber.jotwell.com/ai-disgorgem...
AI Disgorgement or AI Recalls: A Trip down Remedy Lane - Technology Law
Daniel Wilf-Townsend, The Deletion Remedy, 103 N. Car. L. Rev. __ (forthcoming 2025), available at SSRN (Sept. 20, 2024). Christina Lee, Beyond Algorithmic Disgorgement: Remedying Algorithmic Harms, ...
cyber.jotwell.com
September 9, 2025 at 3:05 PM
Two great new articles on AI "recalls" (aka model disgorgement): cyber.jotwell.com/ai-disgorgem...
Reposted by Margot
Essential reading for AI law - @margotkaminski.bsky.social and @aselbst.bsky.social - "An American's Guide to the EU AI Act"
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
An American's Guide to the EU AI Act
<p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma
papers.ssrn.com
August 4, 2025 at 6:26 PM
Essential reading for AI law - @margotkaminski.bsky.social and @aselbst.bsky.social - "An American's Guide to the EU AI Act"
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Margot
The AI Act is a long and confusing piece of legislation that relies heavily on other EU laws and institutions. If you’re a US lawyer who doesn’t have a background in EU law, then even if you read it there’s probably a bunch you missed. Good news! We’ve got a paper for you!
An American's Guide to the EU AI Act papers.ssrn.com/sol3/papers.... With @aselbst.bsky.social
An American's Guide to the EU AI Act
<p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma
papers.ssrn.com
July 31, 2025 at 4:37 AM
The AI Act is a long and confusing piece of legislation that relies heavily on other EU laws and institutions. If you’re a US lawyer who doesn’t have a background in EU law, then even if you read it there’s probably a bunch you missed. Good news! We’ve got a paper for you!
An American's Guide to the EU AI Act papers.ssrn.com/sol3/papers.... With @aselbst.bsky.social
An American's Guide to the EU AI Act
<p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma
papers.ssrn.com
July 31, 2025 at 4:09 AM
An American's Guide to the EU AI Act papers.ssrn.com/sol3/papers.... With @aselbst.bsky.social
"In the race to figure out just what AI systems are good for, our kids should not be treated as experiments." The fight to preserve AI regulation and protect children isn't over thehill.com/opinion/tech... with Prof. Jones in The Hill
thehill.com
July 25, 2025 at 7:18 PM
"In the race to figure out just what AI systems are good for, our kids should not be treated as experiments." The fight to preserve AI regulation and protect children isn't over thehill.com/opinion/tech... with Prof. Jones in The Hill
The EU AI Act establishes a different right to explanation of an AI system's decisions than the GDPR: papers.ssrn.com/sol3/papers.... (by Kaminski & Malgieri)
The Right to Explanation in the AI Act
This chapter offers a comprehensive analysis of Article 86 of the EU Artificial Intelligence Act, which introduces a right to explanation for individuals affect
papers.ssrn.com
May 21, 2025 at 3:14 PM
The EU AI Act establishes a different right to explanation of an AI system's decisions than the GDPR: papers.ssrn.com/sol3/papers.... (by Kaminski & Malgieri)
The Right to Explanation in the EU AI Act, Explained papers.ssrn.com/sol3/papers.... Art. 86 commentary for those interested
The Right to Explanation in the AI Act
This chapter offers a comprehensive analysis of Article 86 of the EU Artificial Intelligence Act, which introduces a right to explanation for individuals affect
papers.ssrn.com
May 20, 2025 at 10:12 PM
The Right to Explanation in the EU AI Act, Explained papers.ssrn.com/sol3/papers.... Art. 86 commentary for those interested
I'm honored to have received the Sandgrund Award @ Colorado Law for Best Consumer Rights Work, for Regulating the Risks of AI (published 2023, available here papers.ssrn.com/sol3/papers....)
Hopefully that consumer rights work doesn't immediately get preempted.
Hopefully that consumer rights work doesn't immediately get preempted.
Regulating the Risks of AI
Companies and governments now use Artificial Intelligence (“AI”) in a wide range of settings. But using AI leads to well-known risks that arguably present chall
papers.ssrn.com
May 15, 2025 at 6:30 PM
I'm honored to have received the Sandgrund Award @ Colorado Law for Best Consumer Rights Work, for Regulating the Risks of AI (published 2023, available here papers.ssrn.com/sol3/papers....)
Hopefully that consumer rights work doesn't immediately get preempted.
Hopefully that consumer rights work doesn't immediately get preempted.
Reposted by Margot
NEW JOB: The Knight Institute (@knightcolumbia.org) is looking for a staff attorney to join us for a two-year position. It's an extremely busy time for the First Amendment, and we could use some more hands on deck!
knightcolumbia.org/page/staff_a...
knightcolumbia.org/page/staff_a...
| Knight First Amendment Institute
knightcolumbia.org
May 7, 2025 at 5:37 PM
NEW JOB: The Knight Institute (@knightcolumbia.org) is looking for a staff attorney to join us for a two-year position. It's an extremely busy time for the First Amendment, and we could use some more hands on deck!
knightcolumbia.org/page/staff_a...
knightcolumbia.org/page/staff_a...
A great and substantive two days of Freedom of Expression Scholars Conference @yaleisp.bsky.social . Panel on the substance, scope, and methods of the Internet Law Canon was a highlight (with Balkin, Reid @chup.blakereid.org, Weiland @morganweiland.bsky.social) @yalelawschool-yls.bsky.social
April 26, 2025 at 9:05 PM
A great and substantive two days of Freedom of Expression Scholars Conference @yaleisp.bsky.social . Panel on the substance, scope, and methods of the Internet Law Canon was a highlight (with Balkin, Reid @chup.blakereid.org, Weiland @morganweiland.bsky.social) @yalelawschool-yls.bsky.social
Reposted by Margot
Tax ppl can speak to the statutory and regulatory questions. But as a 1st Amendment person, I can tell you that this is wildly lawless as a constitutional matter. Govt subsidies & exemptions are not free-for-alls to impose viewpoint based restrictions. Plus this is a nesting doll of violations - 1/2
The IRS is making plans to rescind the tax-exempt status of Harvard University, CNN reports
IRS making plans to rescind Harvard’s tax-exempt status | CNN Politics
The Internal Revenue Service is making plans to rescind the tax-exempt status of Harvard University, according to two sources familiar with the matter, which would be an extraordinary step of retaliat...
www.cnn.com
April 16, 2025 at 9:55 PM
Tax ppl can speak to the statutory and regulatory questions. But as a 1st Amendment person, I can tell you that this is wildly lawless as a constitutional matter. Govt subsidies & exemptions are not free-for-alls to impose viewpoint based restrictions. Plus this is a nesting doll of violations - 1/2
Ooh! I got cited in the en banc right-to-record case (Project Veritas) in the Ninth Circuit, along with other great scholars in that space. It's encouraging when hard work gets read and used. cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov
April 5, 2025 at 9:56 PM
Ooh! I got cited in the en banc right-to-record case (Project Veritas) in the Ninth Circuit, along with other great scholars in that space. It's encouraging when hard work gets read and used. cdn.ca9.uscourts.gov/datastore/op...
"Poorly designed algorithms used to make consequential decisions... lead to a loss of trust in government and costly redesign."
Deirdre Mulligan, making the case that the responsible AI governance in government is both good policy and better financial decisionmaking.
Deirdre Mulligan, making the case that the responsible AI governance in government is both good policy and better financial decisionmaking.
February 28, 2025 at 5:02 PM
"Poorly designed algorithms used to make consequential decisions... lead to a loss of trust in government and costly redesign."
Deirdre Mulligan, making the case that the responsible AI governance in government is both good policy and better financial decisionmaking.
Deirdre Mulligan, making the case that the responsible AI governance in government is both good policy and better financial decisionmaking.
From Gods to Google is now out in the Yale Law Journal
Following First Amendment challenges to tech regulations? We tell a different story of the caselaw: not (just) Lochnerean but the output of this Court’s religious speakers cases www.yalelawjournal.org/feature/from...
Following First Amendment challenges to tech regulations? We tell a different story of the caselaw: not (just) Lochnerean but the output of this Court’s religious speakers cases www.yalelawjournal.org/feature/from...
From Gods to Google
The First Amendment is a well-known barrier to sensible technology regulation. While scholars blame the Court’s libertarian turn, we offer another explanation: the Court’s solicitude for religious spe...
www.yalelawjournal.org
February 28, 2025 at 4:58 PM
From Gods to Google is now out in the Yale Law Journal
Following First Amendment challenges to tech regulations? We tell a different story of the caselaw: not (just) Lochnerean but the output of this Court’s religious speakers cases www.yalelawjournal.org/feature/from...
Following First Amendment challenges to tech regulations? We tell a different story of the caselaw: not (just) Lochnerean but the output of this Court’s religious speakers cases www.yalelawjournal.org/feature/from...
At Berkeley today www.law.berkeley.edu/research/bcl...
28th Annual BTLJ-BCLT Spring Symposium: AI Governance at the Crossroads
www.law.berkeley.edu
February 28, 2025 at 3:53 PM
At Berkeley today www.law.berkeley.edu/research/bcl...
Just presented "From Gods to Google" @gwlaw.bsky.social, which tracks the Court's religious speaker cases and the (surprising?) arsenal they create for tech companies, especially in lower courts. SCOTUS faces a First Amendment impasse of its own making. papers.ssrn.com/sol3/papers....
From Gods to Google
<p>The First Amendment has become a significant barrier to sensible technology regulation. The conventional explanation for this is the Court’s deregulatory tur
papers.ssrn.com
February 5, 2025 at 7:40 PM
Just presented "From Gods to Google" @gwlaw.bsky.social, which tracks the Court's religious speaker cases and the (surprising?) arsenal they create for tech companies, especially in lower courts. SCOTUS faces a First Amendment impasse of its own making. papers.ssrn.com/sol3/papers....
The last thing I'll say about TikTok (for now) is that it is an absolute boon to data privacy laws facing First Amendment challenges. One big move: SCOTUS distinguishes between a government interest in preventing harmful "data collection," and a government interest in regulating speech.
January 17, 2025 at 11:58 PM
The last thing I'll say about TikTok (for now) is that it is an absolute boon to data privacy laws facing First Amendment challenges. One big move: SCOTUS distinguishes between a government interest in preventing harmful "data collection," and a government interest in regulating speech.
TikTok is the U.S. Schrems.
Discuss.
Discuss.
January 17, 2025 at 9:46 PM
TikTok is the U.S. Schrems.
Discuss.
Discuss.
Reposted by Margot
Join @jennifercobbe.bsky.social @margotkaminski.bsky.social @agstrait.bsky.social & me at UCL Laws, in person/online, to compare AI Act/AI EO, DSA/OSA, & GDPR's approaches to algorithmic assessment — 25 Apr 6pm.
Who undertakes this analysis, and with what consequences? www.ucl.ac.uk/laws/events/...
Who undertakes this analysis, and with what consequences? www.ucl.ac.uk/laws/events/...
Regulatory Models for Algorithmic Assessment: Robust Delegation or
Margot Kaminski, Michael Veale and Jennifer Cobbe will compare and contrast different AI regulatory regimes
www.ucl.ac.uk
March 22, 2024 at 3:01 PM
Join @jennifercobbe.bsky.social @margotkaminski.bsky.social @agstrait.bsky.social & me at UCL Laws, in person/online, to compare AI Act/AI EO, DSA/OSA, & GDPR's approaches to algorithmic assessment — 25 Apr 6pm.
Who undertakes this analysis, and with what consequences? www.ucl.ac.uk/laws/events/...
Who undertakes this analysis, and with what consequences? www.ucl.ac.uk/laws/events/...
Reposted by Margot
*smashes download* papers.ssrn.com/sol3/papers....
March 19, 2024 at 12:43 PM
*smashes download* papers.ssrn.com/sol3/papers....