The still-in-draft Anti-Counterfeiting Trade Agreement, beloved of some, is hated by many–including Google, apparently.
May 092010
May 052010
Last month, Comcast won its appeal in a federal appeals court in D.C. against the FCC’s attempt to require network neutrality. As predicted by some, the FCC is proceeding with plans to reclassify broadband providers, and thus escape the ruling entirely.
Within the context of the contemporary vaccination debate, neither side has a monopoly on a particular kind of argument.
Does scientific peer review constitute censorship? There is a sense in which peer reviewers — especially in the sciences — do act in a kind of censorial capacity.
Technology on the road has a reputation for being finicky. Some of this difficulty is unavoidable. But other technology challenges are easily remedied through decent design and forethought.
Feb 062010
The FBI is pressing Internet service providers to record which Web sites customers visit and retain those logs for two years.
Aug 212009
The cloud consists of data and services that live on someone else’s servers. Although the term itself is new(ish), the basic idea is embodied by traditional legal research services like LexisNexis and Westlaw — data lives on someone else’s servers, not your own. Thus, someone else controls the data, not you. And someone else can delete or modify the data, and you’d never know…
Jul 222009
According to Rob Salkowitz of Internet Evolution, in the so-called Hamburg Declaration issued July 9, publishers argued that services like Google are “using the work of authors, publishers and broadcasters without paying for it.”
The New York State Court of Appeals, in Stern v. Bluestone, 2009 NY Slip Op 04740 (2009), overturned a lower court ruling that ruled that a faxed newsletter dealing with attorney malpractice issues – the same area in which the author of the newsletter practiced. Lower courts thought this newsletter constituted advertising, and thus ran into rules about attorney advertising. The Court of Appeals disagreed.
Alfred C. Yen of Boston College recently posted A First Amendment Perspective on the Construction of Third Party Copyright Liability on SSRN:
The relatively high risk of chill associated with third party copyright liability suggests that the First Amendment is particularly relevant to the proper construction of this area of law. Indeed, First Amendment principles have [...]
Mar 152009
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The Volokh Conspiracy – Applying the Fourth Amendment to the Internet: A General Approach:
This article offers a general framework for applying the Fourth Amendment to the Internet. It assumes that courts will seek a technology-neutral translation of Fourth Amendment principles from physical space to cyberspace, and it considers what new distinctions in the [...]
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