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From Law.com and the publisher of The American Lawyer, Unprecedented is a biweekly podcast about the future of law. San Francisco-based journalist Ben Hancock interviews experts and newsmakers about how technology and other innovations are changing the law and the legal profession. Topics have included hacking and privacy law, third-party litigation funding, legal data analytics, and autonomous vehicles.

Sep 13, 2017

Duration: 39:31

When Eric Goldman started practicing law, the Internet was a different place from the one we know today: a world of dial-up bulletin boards and web precursors like “Usenet” and “Gopher.” The legal aspects of cyberspace were murky at best. “I joined the Cooley Godward firm in Palo Alto in 1994 and I told them I wanted to do Internet law,” recalls Goldman, now a professor at the Santa Clara University School of Law and prominent technology law blogger. “And they said, ‘That sounds great. If we have any Internet law stuff, we’ll let you know.”

Since then, Goldman has chronicled how the law has coped with the modern Internet, using his academic perch to try and make sense of a chaotic space. In this episode of Unprecedented, Goldman talks about one of the biggest legal flashpoints for Internet companies — Section 230 of the Communications Decency Act — and asks how courts will know when a smiley face emoji really means something more.