Michael Froomkin

@mfroomkin.bsky.social

U.Miami Lawprof. Techie. Teach AI, AdLaw, https://tinyurl.com/concrisis, Jurisprudence & Privacy. EIC of Jotwell.com. Home@ https://law.tm. Survivor of many medical things that should have killed me but didn't. Remains to be seen if I'm stronger.

@mfroomkin.bsky.social

Help me: what is the theory on which this could be unconstitutional? If we treat the AI/agent as an extension of the person, DIY provides a sufficient alternate channel, doesn't it? Now, add blocking email, text, chat, and it's harder, but not much. Arguing AI has some rights itself is just silly.

@mfroomkin.bsky.social

Needless (?) to say, the facts publicly available very strongly show that there is no cause for firing whatsoever. So any conclusion to the contrary, absent something radically new in the facts, would be a travesty. I expect it nonetheless. 3/3

@jotwell.bsky.socialReposted by @mfroomkin.bsky.social

Jotwell IP:
David Fagundes, Insightful New Empirical Study Measuring Market Effects, JOTWELL (October 8, 2026) (reviewing Clark D. Asay, Cree Jones, Cassidy McCleary, & Stephanie Plamondon, An Evidence-Based Approach to Fair Use, 60 Ga. L. Rev. 203 (2026)), ip.jotwell.com/insightful-n....

David Fagundes
@mfroomkin.bsky.social

Relative got a $500 check from US Treasury and a shocking letter full of lies signed by Trump and ending with "May God bless you". Basically a pre-electoral bribe. News reports say they're sending almost a million of these. Full text in alt below. (I told him to cash it quick before it bounces.)

Dear [name], For years, the Biden Administration overcharged you to fund the operation of HealthCare.gov. That money belongs to hard-working Americans, not the Government, and now, I am returning it to you! With this Historic Action, my Administration is taking the surplus funds that accumulated from the Obamacare ''Premium Tax" and issuing a one-time $500 REFUND to Americans who use the HealthCare.gov platform to purchase their health insurance, but who do not receive Taxpayer Subsidies to help pay for their Coverage. You have paid into this flawed System, and now you are finally getting something back. Healthcare Dollars should benefit Patients, not Insurance Companies or Government Bureaucrats. Since returning to office, I have fought to lower Healthcare Costs, increase Accountability, and Put Patients First. Through TrumpRx, we are delivering massive discounts on Household Prescription Drugs, and my Most-Favored-Nation Pricing Agreements have already saved Americans more than 1 Billion Dollars on much-needed Medications. We also secured an unprecedented 50 Billion Dollar investment to transform Rural Healthcare, expanded access to Health Saving Accounts for millions of people on Obamacare, and restored Pnce Transparency, all while roofing out the Waste, Fraud, and abuse across our Healthcare System. I am proud to return your money to you, and I will never stop fighting to put the American People FIRST, restore Affordability, protect your hard-earned money, and lower the Cost of Healthcare. May God bless you, and may He continue to bless the United States of America! Sincerely, [signed] DONALD J. TRUMP PRESIDENT OF THE UNITED STATES OF AMERICA
@mfroomkin.bsky.social

This is fun & has a historical logic but I don't buy it going forward. "Privacy is an inherently exclusionary liberal entitlement inextricably linked to property, racial oppression, sexual control, and class segregation." Transparency empowers despots. Makes me want to teach a privacy seminar.

Cover of De Gruyter Handbook of Critical Data Studies edited by Ulises A. Mejias, Jasmine E. McNealy, Milagros MiceliElisha Lim, Mareike Lisker, Lukas Hess, Malte Engeler, Leah M. Friedman, Jessa Lingel, and Muna-Udbi Ali Chapter 1 Privacy Will Not Protect Us Abstract: This is a manifesto to reject calls to ‘online privacy.’ Privacy is an inherently exclusionary liberal entitlement inextricably linked to property, racial oppression, sexual control, and class segregation. However online privacy is uncritically promoted by academics, activists, and media discourse as a civil right and even a form of social justice. We build on the arguments of feminist, queer, Black Radical traditions and GDPR legal scholars to make three arguments to the contrary. First, privacy is not sovial justice; rather it reproduces the ideologies of colonial rankings, policing, and norms (racial, sexual, able-bodied, and more). Second, online privacy is inextricable from private property as the exclusive legal protection of homeowners from state oversight, a liberal privilege that is easily appropriated into corporate affordances. Third, online privacy is a myth: the internet works because its infrastructures share knowledge inferred from data. In other words, there is no actual possibility of privacy nor any real corporate incentive to privacy, except as an optic tactic to avoid accountability. Grounded in anticapitalist social justice, our argument exceeds current liberal civil definitions of safety, such as the human rights-based approach to Smart Cities inspired by the United Nations, the GDPR, municipal policies, and environmental law. Instead, we call for public, collectivized data and the complete rejection of liberal property entitlement, gatekeeping, and policing known as ‘privacy.’
@jotwell.bsky.socialReposted by @mfroomkin.bsky.social

Jotwell Family:
Dara E. Purvis, Complicating Children’s Rights, JOTWELL (Oct 1, 2026) (reviewing Aníbal Rosario Lebrón, Opting Out of Subordination: Minors’ Right to Control Their Bodies and Futures, 47 Cardozo L. Rev. __ (2026), available at SSRN (Apr. 17, 2026)), family.jotwell.com/complicating...

Dara E. Purvis
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