Recap of My Writing Projects From 2017

I’m doing my faculty activity report for 2017. My wife’s health has been stable, and that has fueled a productive year for writing. Here’s my list of works produced/completed since Jan. 1, 2017:


Emojis and the Law (draft in circulation)

Emojis and Intellectual Property, WIPO Magazine __ (2018) (with Gabriella Ziccarelli)

Judicial Resolution of Nonconsensual Pornography Cases (with Angie Jin), __ I/S: J.L. & Pol’y for the Info. Society __ (2018)

Understanding the Consumer Review Fairness Act, 24 Mich. Telecomm. & Tech. L. Rev. 1 (2017)

The Ten Most Important Section 230 Rulings, 20 Tulane J. Tech. & IP 1 (2017)

Internet Law Cases and Materials (July 2017 edition)

The Defend Trade Secrets Act Isn’t an Intellectual Property Law, 33 Santa Clara High Tech. L.J. 541 (2017)

Balancing Section 230 and Anti-Sex Trafficking Initiatives, December 2017 (based on written testimony to the U.S. House of Representatives Committee on Energy & Commerce, Subcommittee on Communications and Technology)

Sex Trafficking Exceptions to Section 230, September 2017 (based on written testimony to the Senate Committee on Commerce, Science and Transportation)

Surveying the Law of Emojis, Santa Clara Univ. Legal Studies Research Paper, 8-17 (May 2017). Note: Media coverage of this article included the Wall Street Journal, the ABA Journal, The Recorder/, CBS MoneyWatch, Managing IP, Massachusetts Law Weekly, Northern California Record, and The Times of London.

Other Articles

It’s Time to Talk About Internet Companies’ Content Moderation Operations, Techdirt, January 28, 2018

Commemorating the 20th Anniversary of Internet Law’s Most Important Judicial Decision,, November 10, 2017 (with Jeff Kosseff)

Who Cyber-Attacked Ken Zeran, and Why?,, November 10, 2017

Congress Is About To Eviscerate Its Greatest Online Free Speech Achievement, ACS Blog, Sept. 11, 2017

What Makes the Privacy Law Certificate Special?, Santa Clara Law, Spring 2017

Advocacy Work

Letter to NAFTA negotiators regarding NAFTA and Internet Immunity, January 2018. Signed by 39 individuals and 16 organizations.

Stop Enabling Sex Traffickers Act of 2017, response to Questions for the Record, U.S. Senate Committee on Commerce, Science & Technology, November 2017.