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Jane Bambauer - University of Florida. Gainesville, FL, US

Jane Bambauer

Director | University of Florida

Gainesville, FL, UNITED STATES

Jane Bambauer's research analyzes how regulation of new technologies will affect free speech, privacy, and government accountability.


Jane Bambauer serves as the director of the Marion B. Brechner First Amendment Project. Her research assesses the social costs and benefits of big data, AI, and predictive algorithms, and analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. She currently serves as the Chair of the National AI Advisory Committee Subcommittee on Law Enforcement, and she has previously served as the deputy director of the Center for Quantum Networks, a multi-institutional engineering research center funded by the National Science Foundation.

Areas of Expertise (7)

Policing and Technology

Social Media and Law

Free Speech

First Amendment

Fourth Amendment

AI and Law


Media Appearances (2)

Disney files countersuit in state court after judge denies motion to dismiss

Florida Record  online


After a state judge denied Disney’s request to dismiss the Central Florida Tourism Oversight District Board’s complaint, the entertainment giant filed a countersuit. “A dismissal would arguably mean kicking the can down the road when the need for judicial intervention is certain,” Orange County Judge Margaret H. Schreiber wrote in her July 28 order.

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TECH& Competition: Conversation with Jane Bambauer

SIIA  tv


The American Innovation and Choice Online Act is aimed at curbing what some see as anticompetitive behavior on the part of large technology platforms. As with many large comprehensive pieces of legislation, the challenge is in the details. Many companies, think tanks, trade associations and thought leaders are concerned about the unintended consequences of the bill including the potential impact on data privacy, national security, consumer choice, antitrust policy and innovation.

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Articles (3)

Filtered Dragnets and the Anti-Authoritarian Fourth Amendment

Southern California Law Review, Forthcoming

Jane Bambauer


Filtered dragnets are digital searches that identify a suspect based on the details of a crime. They can be designed to withhold information from law enforcement unless and until there is a very high probability that the individual has committed the offense. Examples today include DNA matching, facial recognition from photographs or video of a crime, automated child sexual abuse material detection, and reverse geolocation (geofence) searches.

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Negligent AI Speech: Some Thoughts About Duty

Journal of Free Speech Law

Jane Bambauer


Careless speech has always existed on a very large scale. When people talk, they often give bad advice or wrong information. The scale was made more visible by the public Internet as the musings and conversations of billions of participants became accessible and searchable to all. This dynamic produced a set of tort and free speech principles that we have debated and adjusted to over the last three decades. AI speech systems bring a new dynamic.

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Platforms: The First Amendment Misfits

Indiana Law Journal

Jane Bambauer, et. al


We identify the similarities between social media platforms and more traditional venues for speech (like mail, malls, and television) but ultimately conclude there are critical differences that break the analogies. We then compare the role of social media platforms to basic internet service providers to better understand how the line between speech participants and mere conduits should be drawn in an online context.

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