iiinova — where your digital self keeps evolving

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Graham Smith @cyberleagle.bsky.social · 01/10/2026

Reading this prompted an attempt to visualise an online safety regulatory cycle (with some artistic AI assistance).

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Graham Smith @cyberleagle.bsky.social · 01/10/2026

Internet users and platforms, like authors, printers, book publishers, distributors, privately owned spaces open to the public, Conway Hall, you name it, are governed by laws made by the state. That is its role. Freedom to act and speak within those laws is not 'outsourced' by the state. 2/2

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Graham Smith @cyberleagle.bsky.social · 01/10/2026

"While new technologies had always “upended society”, the internet was the only one to have been “entirely outsourced to the private sector” with no role for the state, Nandy said." 1/2 www.theguardian.com/technology/2...

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Index on Censorship @indexoncensorship.org · 01/10/2026

Last week the BBC removed sketches from That Mitchell and Webb Look. This week? An article on nail fashion. The BBC need to DEFEND their content, not remove it, especially when the reason for its removal appears to be fear of causing offence… www.indexoncensorship.org/2026/09/that...

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James Austin @jamesdaustin.bsky.social · 01/10/2026

Ah, there's the rub

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Graham Smith @cyberleagle.bsky.social · 28/09/2026

"We’re going to do proper, comprehensive legislation so that it doesn't just incorporate the specific apps, it incorporates the features that we believe are not safe," >>> so much for regulation by regulator?

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Graham Smith @cyberleagle.bsky.social · 27/09/2026

Looking for a topic to set your law students? “AI agents have nothing to do with the law of agency. Discuss.”

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Owen Boswarva @owenboswarva.bsky.social · 26/09/2026

Big job – Group Director, Enforcement at Ofcom ofcom.wd3.myworkdayjobs.com/en-US/Ofcom_... Newly created role; the UK regulator is splitting its Legal and Enforcement Group into two separately managed service areas Includes enforcement of the Online Safety Act, so this is your chance to be famous

This is a newly created role, reflecting the growing importance of Ofcom's enforcement work, especially as we implement the Online Safety Act. The Group Director, Enforcement will be a member of Ofcom's Senior Management Team and report directly to the Chief Executive. They will lead the Enforcement Group, a team of around 110 colleagues, which until now has been part of our wider Legal and Enforcement Group. The Group Director will ensure focus and coherence at a time of growing regulatory responsibilities and increasing complexity in Ofcom's work.

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Sam Freedman @samfr.bsky.social · 19/09/2026

Here's a chart from the post.... quite a change in a single generation.

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Graham Smith @cyberleagle.bsky.social · 16/09/2026

Visual TL;DR (with a lot of help from AI).

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Graham Smith @cyberleagle.bsky.social · 16/09/2026

US court dismisses 4Chan’s litigation against Ofcom, citing sovereign immunity. #OnlineSafetyAct www.courtlistener.com/docket/71209...

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Owen Boswarva @owenboswarva.bsky.social · 15/09/2026

Initial thoughts on the Social Media Platforms (Ofcom Licensing) Bill neilzone.co.uk/2026/09/init... from Neil Brown, cogent as usual

How does the provider of, say, a running forum make a determination of whether a conversation contains misleading information?

Is a campaign against facial recognition cameras in public places "harmful … to the public interest"? Who decides?

How does a forum for vulnerable people who wish to share sensitive information comply with (e), to provide "transparent information concerning the identity and authenticity" of other users, without causing users harm and stifling their speech? How does this interplay with a user’s rights to freedom of expression, privacy, or data protection?

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Graham Smith @cyberleagle.bsky.social · 14/09/2026

If safety by design actually includes automated content moderation, what is the point of distinguishing it from content-focused regulation? 6/x

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Graham Smith @cyberleagle.bsky.social · 14/09/2026

For those who prefer text, TL;DR of my blog on "Safety by design or systems for content moderation?"

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Walter Olson @walterolson.bsky.social · 14/09/2026

Under Alaska law any aircraft used to transport alcohol to dry villages is subject to forfeiture. Ken Jouppi transported a passenger's alcohol and now stands to lose his plane. SCOTUS amicus brief from Cato, joined by Fines and Fees Justice Center, argues it's an excessive fine. [Matthew Cavedon]

cato.org

Jouppi v. Alaska Brief: Seizing a $95,000 Plane Over a Passenger's Beer Is Unconstitutional

Because it is expensive and time-consuming for defendants to challenge forfeitures in court, successfully asserting Eighth Amendment rights is difficult—but it shouldn’t be.

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Pessimists Archive @pessimistsarc.bsky.social · 12/09/2026

"The art of printing can be of great service in so far as it furthers the circulation of useful & tested books; but it can bring about serious evils… …it will, therefore, be necessary to maintain full control over the printers” - Pope Alexander VI, 1501

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Joseph Cox @josephcox.bsky.social · 08/09/2026

New: a secretive DHS predictive policing unit is analyzing Americans' financial activity, feeding those names to police, then having cops pull them over. Not suspected of any particular crime We're revealing the unit name too: Predictive Intelligence Targeting Team www.404media.co/a-secretive-...

404media.co

A Secretive DHS ‘Predictive Policing’ Unit is Analyzing Americans' Financial Habits and Pulling Them Over

404 Media is revealing the name of Border Patrol's predictive policing units, which analyze financial data and have local cops pull people over. The people are not suspected of any particular crime.

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EU Court of Justice @eucourtofjustice.bsky.social · 08/09/2026

#ECJ: The proprietor of a reputed trade mark may oppose its use by a political party if the latter fails to show that its freedom of expression takes precedence over the proprietor’s rights #IKEA 👉 curia.europa.eu/site/upload/...

curia.europa.eu

https://curia.europa.eu/site/upload/docs/application/pdf/2026-09/cp260119en.pdf

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Graham Smith @cyberleagle.bsky.social · 08/09/2026

Draft Bill here. www.infrastructure.gov.au/department/m...

infrastructure.gov.au

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Graham Smith @cyberleagle.bsky.social · 26/08/2026

The Council of Europe’s Committee of Ministers Recommendation on Online Safety and Empowerment of Users and Content Creators claims to be ‘grounded’ in the ECHR. But is it really? New on my blog: “An enabling environment for online regulation”. www.cyberleagle.com/2026/08/an-e...

cyberleagle.com

An enabling environment for online regulation

Graham Smith's blog on law, IT, the internet and online media

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Graham Smith @cyberleagle.bsky.social · 01/09/2026

In case it escaped your holiday reading. A deep dive into the platform liability side of the Law Commission's proposed strict liability contempt of court reforms.

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Graham Smith @cyberleagle.bsky.social · 01/09/2026

That time when British Gas‘s former customer sued it for harassment by its computerised billing system. Would it have made a difference if the system had been AI-driven?

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Graham Smith @cyberleagle.bsky.social · 01/09/2026

A silly season thought experiment: all the ways in which ECHR Art 10 can be outflanked. Not at all silly, in fact.

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Online Safety Network @osnetwork.bsky.social · 01/09/2026

🆕 We've a new vision and a new name! Read all about our refreshed priorities here and check out our new website for analysis and related resources to help support the vital work of #onlinesafety advocates, campaigners, researchers and policymakers. www.onlinesafetynetwork.uk/analysis/the...

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Graham Smith @cyberleagle.bsky.social · 01/09/2026

A silly season thought experiment: all the ways in which ECHR Art 10 can be outflanked. Not at all silly, in fact.

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Graham Smith @cyberleagle.bsky.social · 01/09/2026

That time when British Gas‘s former customer sued it for harassment by its computerised billing system. Would it have made a difference if the system had been AI-driven?

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Graham Smith @cyberleagle.bsky.social · 01/09/2026

In case it escaped your holiday reading. A deep dive into the platform liability side of the Law Commission's proposed strict liability contempt of court reforms.

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Reposted by Graham Smith

Graham Smith @cyberleagle.bsky.social · 30/08/2026

Here are some exam questions on the claim that the Recommendation is ‘grounded in’ the ECHR. All discussed in my blogpost. 0/5

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Graham Smith @cyberleagle.bsky.social · 30/08/2026

Q.5 Spot three problems with this asserted positive obligation. 4/5

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Graham Smith @cyberleagle.bsky.social · 28/08/2026

“States have a positive obligation to effectively address the risk of harm online.” Discuss, with particular reference to ‘harm’ being undefined and unbounded. #ECHR #DivideByZero

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Graham Smith @cyberleagle.bsky.social · 28/08/2026

And still in the final Recommendation.

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James Ball @jamesrball.com · 27/08/2026

This is an impressively bad take from the NYT when viewed from almost any angle, which is harder than you'd think to do.

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Graham Smith @cyberleagle.bsky.social · 28/08/2026

“States have a positive obligation to effectively address the risk of harm online.” Discuss, with particular reference to ‘harm’ being undefined and unbounded. #ECHR #DivideByZero

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Daphne Keller @daphnek.bsky.social · 27/08/2026

Having slept on it, I am far more troubled by this settlement. The government should not be able to use its power to bully a defendant into silencing lawful third party speech. That's what the govt did to bookstores in Bantam Books. The Court held that it violated publishers' 1st Amendment rights.

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Daphne Keller @daphnek.bsky.social · 26/08/2026

Quantifying permissible error rates in age-assurance methods.

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Graham Smith @cyberleagle.bsky.social · 26/08/2026

cyberleagle.com

An enabling environment for online regulation

Graham Smith's blog on law, IT, the internet and online media

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Reposted by Graham Smith

Graham Smith @cyberleagle.bsky.social · 17/08/2026

How might you go about transforming the European Convention on Human Rights into a vehicle for state regulation of speech? A thought experiment. www.cyberleagle.com/2026/08/the-...

cyberleagle.com

The Vibe of the ECHR

Graham Smith's blog on law, IT, the internet and online media

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Graham Smith @cyberleagle.bsky.social · 17/08/2026

How might you go about transforming the European Convention on Human Rights into a vehicle for state regulation of speech? A thought experiment. www.cyberleagle.com/2026/08/the-...

cyberleagle.com

The Vibe of the ECHR

Graham Smith's blog on law, IT, the internet and online media

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Reposted by Graham Smith

Graham Smith @cyberleagle.bsky.social · 10/08/2026

New on my blog: "If the computer is not accountable, who is?" www.cyberleagle.com/2026/08/if-c...

cyberleagle.com

If the computer is not accountable, who is?

Graham Smith's blog on law, IT, the internet and online media

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