The Record

Despite its local origins, Section 230 serves as a key architectural norm of the global internet: internet service providers are not typically responsible for the speech of their users. Section 230 underpins what we might describe as the International Law of Facebook— the global community guidelines written and enforced by internet platforms, largely allowing these platforms to regulate the speech on their platforms. Reviewing Section 230 cases involving foreign events, foreign parties, or foreign law, the essay reveals how Section 230 made the U.S.

Tech drift is the phenomenon where a change in technological context alters policy outcomes. Tech drift can cause legal vulnerabilities. Socially empowering policies such as labor and employment laws can become inaccessible or ineffective because of changing technological contexts. But tech drift begets more than legal weakness. It also constitutes tech politics, as one of tech drift’s outcomes is a shift in the locus of struggles over policy outcomes: from policy enactment, blocking, or reform to the very shaping of tech context.

How can law help translate great ideas into great innovations? Venture capital (VC) markets play an increasingly important role in funding innovation, and they have benefitted from substantial public support. While venture capital is almost synonymous with innovation, the ability of VC markets to catalyze innovations is often overstated. This Article examines the innovation limitations of VC and the role of law and policy in enhancing its innovative capacity.