Author: Corynne McSherry

You might not know it, given the many headlines focused on new questions about copyright and Generative AI, but the year’s biggest copyright case concerned an old-for-the-internet question: do ISPs have to be copyright cops? After years of litigation, that question is now squarely before the Supreme Court. And if the Supreme Court doesn’t reverse […]

Since earliest days of computer games, people have tinkered with the software to customize their own experiences or share their vision with others. From the dad who changed the game’s male protagonist to a girl so his daughter could see herself in it, to the developers who got their start in modding, games have been […]

It’s not news that Apple and Google use their app stores to shape what apps you can and cannot have on many of your devices. What is new is more governments—including the U.S. government—using legal and extralegal tools to lean on these gatekeepers in order to assert that same control. And rather than resisting, the […]

Amid a wave of lawsuits targeting how AI companies use copyrighted works to train large language models that generate new works, a peculiar provision of copyright law is suddenly in the spotlight: Section 1202 of the Digital Millennium Copyright Act (DMCA). Section 1202 restricts intentionally removing or changing copyright management information (CMI), such as a […]

President Trump’s attack on public broadcasting has attracted plenty of deserved attention, but there’s a far more technical, far more insidious policy change in the offing—one that will take away Americans’ right to unencumbered access to our publicly owned airwaves. The FCC is quietly contemplating a fundamental restructuring of all broadcasting in the United States, […]

Simple common sense tells us that a corporation’s decision to operate in every state shouldn’t mean it can’t be sued in most of them. Sadly, U.S. law doesn’t always follow common sense. That’s why we were so pleased with a recent holding from the Ninth Circuit Court of Appeals. Setting a crucial precedent, the court […]

We’re in the midst of a long-overdue resurgence in antitrust litigation. In the past 12 months alone, there have been three landmark rulings against Google/Alphabet (in search, advertising, and payments). Then there’s the long-running FTC v. Meta case, which went to trial last week. Plenty of people are cheering these cases on, seeing them as […]

Two appeals courts have recently rejected efforts by private parties to use copyright to restrict access to the laws that most directly affect ordinary citizens: regulations that ensure our homes, workplaces, devices, and many other products, are safe and fit for purpose. Apparently hoping the third time will be the charm, a standards organization is […]

Earlier this week, the House Judiciary Committee passed H.R. 1526, a bill by Rep. Darrell Issa to prevent courts from issuing nationwide injunctions. This bill could receive a vote on the House floor as early as next week. Senator Josh Hawley recently introduced a similar bill in the Senate. Both bills would prohibit district courts […]

Back in January, EFF called on attorneys general in Florida, Texas, Arkansas, and Missouri to investigate potential privacy violations and hold accountable crisis pregnancy centers (CPCs) that engage in deceptive practices. Since then, some of these centers have begun to change their websites, quietly removing misleading language and privacy claims; the Hawaii legislature is considering […]