Derek Bambauer

Also, just going to re-up this: the first paper to analyze (and, in fact, define) the phenomenon we now call "jawboning": papers.ssrn.com/sol3/papers....

Non-US news feels no obligation to walk on eggshells, and is much more blunt about the backdrop for all the US coverage being “a military and economic superpower is being run by a deranged imbecile, and this is scary for the rest of the world.”

Feedback / comments / criticism very much welcomed.

The Article applies these lessons to two AI current controversies, over copyright and defamation, to clarify how these doctrines have previously dealt with hybrid information production and what is at stake normatively in these debates for AI governance.

Fourth, humans are inextricably enmeshed in cyborgs, because only humans can exercise the moral judgment necessary to make values-laden choices about system architecture and policy.

Third, testing is the key to effective governance: hybrid systems are what they actually do.

Second, normal accident theory shows that having a human in the loop can usefully create resilience, but only if the cyborg’s design enables that person to exercise meaningful autonomy in decisionmaking.

I call these hybrid systems "cyborgs." The history of cyborg systems teaches four vital governance lessons for AI. First, blended human-automation decisionmaking is increasingly ubiquitous, diverse, and inevitable in a world flooded with data.

AI is a foundational technology and should be regulated as such. papers.ssrn.com/sol3/papers....

New article forthcoming about AI regulation, in
@WLU_LawReview. Core claim: governance of hybrid (human + AI) systems should situate AI in context, by technology & use, & draw lessons from history of human-computation co-production for more effective, less burdensome oversight.

I just posted a new essay, forthcoming in the Florida Law Review, on Retrospective Surveillance. It focuses on geofence searches and how to assess them, in anticipation of the upcoming huge Supreme Court case on geofences.
Check it out: papers.ssrn.com/sol3/papers....

One thing I feel ought to be discussed more is the fact that basically all rural and suburban places in the US are subsidized by cities. They resent cities. They insult cities. They elect politicians who abuse cities. But none of them could survive without cities.

Intel report warns large-scale war ‘unlikely’ to oust Iran’s regime A classified U.S. report doubts that Iran’s opposition would take power following either a short or extended U.S. military campaign.

Intel report warns large-scale war ‘unlikely’ to oust Iran’s regime

wapo.st/4lcrq3M

A Doonesbury comic with a Fox News reporter interviewing “Dean of Admissions at the Minnesota Academy of Professional Agitation,” discussing the supposed training of paid protesters and how you can make good Soros money from it. “WOW! Any downside?” asks the reporter. “Oh, sure. You can get shot in the face. The terror game isn’t for everyone.”

Doonesbury is hit or miss these days for me, but today’s hits.

NOEM: I would disagree with the judge

CROCKETT: I'm sure you would, but can you tell me whether or not you have a law degree?

NOEM: A what?

CROCKETT: A law degree

NOEM: No I do no-

CROCKETT: Okay

It's a sign that things are changing that Dems are now circulating strategy memos saying they can take this issue on directly.

Delighted that "AI, Artists, and Anti-Moral Rights" (co-authored with Bob Woods) is now available in vol. 113 of the Georgetown Law Journal Online: www.law.georgetown.edu/georgetown-l...

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK KELLY, United States Senator representing the State of Arizona, 120 Constitution Ave NE, Suite 516 Washington, D.C. 20002 Plaintiff, V. PETE HEGSETH, in his official capacity as Secretary of Defense, 1600 Defense Pentagon Washington, D.C. 20301 U.S. DEPARTMENT OF DEFENSE, 1600 Defense Pentagon Washington, D.C. 20301 JOHN PHELAN, in his official capacity as Secretary of the Navy, 1000 Navy Pentagon Washington, D.C. 20350 U.S. DEPARTMENT OF THE NAVY, 1000 Navy Pentagon Washington, D.C. 20350 Defendants. Case No._ COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

9. If permitted to stand, the Secretary's censure and the grade-determination proceedings that he has directed will inflict immediate and irreparable harm. The censure, the grade-reduction process, and its inevitable outcome impose official punishment for protected speech, chill legislative oversight, and threaten reductions in rank and pay. Each of these actions also signals to retired service members and Members of Congress that criticism of the Executive's use of the armed forces may be met with retaliation through military channels. The Constitution does not leave such injuries to be remedied after the fact. Speech or Debate, First Amendment, separation-of-powers, and due-process protections must be vindicated at the outset, before the Senator is forced to submit to an unconstitutional and legally baseless proceeding. Senator Kelly therefore brings this complaint for declaratory and injunctive relief. Defendants' actions violate the First Amendment, the Speech or Debate Clause, the separation of powers, due process, 10 U.S.C. § 1370, and the Administrative Procedure Act. 11. In particular, Senator Kelly respectfully asks this Court to declare the censure letter, reopening determination, retirement grade determination proceedings, and related actions unlawful and unconstitutional; to vacate those actions; to enjoin their enforcement; and to preserve the status of a coequal Congress and an apolitical military.

PRAYER FOR RELIEF For these reasons, Plaintiff respectfully requests an order: a) declaring Defendants' actions unlawful; b) enjoining the enforcement of Defendants' actions; c) vacating and setting aside Defendants' actions under 5 U.S.C. § 706; d) staying the effective date of Defendants' actions under 5 U.S.C. § 705; e) preliminarily and permanently enjoining Defendants, their agents, employees, appointees, successors, and anyone acting in concert or participation with Defendants from 45 Case 1:26-cv-00081 Document 1 Filed 01/12/26 Page 46 of 46 implementing, maintaining, or giving effect to Defendants' actions, including the Secretary of Defense's determinations and threats of further criminal or administrative action; f) awarding Plaintiff reasonable costs and attorney's fees in accordance with law, including but not limited to 28 U.S.C. § 2412; and g) issuing any and all other such relief as the Court deems just and proper.

BREAKING: Senator Mark Kelly sues Pete Hegseth, DOD, and others over Hegseth's censure of Kelly and effort to reduce his retirement grade, alleging violations of the First Amendment, due process, Speech & Debate Clause, and federal laws.

Kelly is represented by Arnold & Porter.

The Tallahassee Democrat published an op-ed by Jane Bambauer and me on academic freedom (or the lack thereof) at the University of Florida. Link (paywalled, unfortunately): www.tallahassee.com/story/opinio...

The FCC is a master class in jawboning of late. That's not a compliment. I'm a signatory to TechFreedom's excellent letter.

How Higher Ed Got Jawboned Podcast Episode · The Bully's Pulpit: Trump v. The First Amendment · 07/31/2025 · 46m

Listen to Wesleyan University President Michael Roth and @genevievelakier.bsky.social discuss the #jawboning of higher ed and how the admin is weaponizing allegations of antisemitism:
podcasts.apple.com/us/podcast/h...

Trump administration seeking $1 billion settlement from UCLA | CNN Politics The Trump administration is seeking a $1 billion settlement from the University of California, Los Angeles, CNN has exclusively learned, marking the latest effort by the White House to shape higher ed...

The billion dollars is the least of it. It’s universities’ autonomy, independence, and integrity that Trump is really after. www.cnn.com/2025/08/08/p...

From @knightcolumbia.org’s analysis of the Columbia settlement. knightcolumbia.org/blog/what-th...

Absolutely! Email is also fine: bambauer@law.ufl.edu

I think the courts are leaning that way, and so is the Trump EO (which might influence some lower court judges). It's just not clear to me that harm from inclusion in training data is anything more than a moral desert claim to a new source of money, and that doesn't move me much.

I assumed my legion of followers, but have been sadly disappointed.

Apologies for the self-promotion, but there are a few of us who have written about the legal and technical side of this: www.journaloffreespeechlaw.org/bambauersurd... (Eugene Volokh is another, although we disagree.)

Painting of three batfish at different stages of life lined up next to each other

Watercolor painting showing the cool development of the longfin batfish (Platax teira) from juvenile to adult #sciart #fish #watercolor

Bit late to the game, but Thinh Nguyen and I have an op-ed in The Hill explaining why use of copyrighted materials for AI training data is fair use: thehill.com/opinion/judi...

At what point do we just accept that the Fifth Circuit is trash?