Posted on May 15th, 2013 by Derek Bambauer
Jane and I are in Arlington, Virginia, for a conference on Competition Policy in Search and Social Media at George Mason University. Jane, Neil Richards, Dawn Nunziato, and Stuart Benjamin will discuss the interplay of the First Amendment, regulation, and search / social media. I expect an entertaining fight over whether search results are speech, [...]
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Filed under: Court Decisions, Digital Media, First Amendment, FTC, Google, Intermediaries, Internet & Society, Law School, Politics, Scholarship, Search Engines, Social Networking, Software
Posted on April 19th, 2013 by Derek Bambauer
I’m here in rainy, lovely Eugene, Oregon watching the Oregon Law Review symposium, A Step Forward: Creating a Just Drug Policy for the United States. (You can watch it live.) Jane is presenting her paper Defending the Dog – here’s the conclusion: The narcotics dog doesn’t deserve the bad reputation it has received among scholars. The [...]
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Filed under: Court Decisions, Fourth Amendment, Health Law, Law School, Politics, Privacy, Scholarship
Posted on January 29th, 2013 by Derek Bambauer
In a forthcoming paper, I argue that security and privacy issues differ in important ways that are typically neglected by both scholars and courts. If you’re in Chicago at the end of the week, you can hear me drone on about the piece on a panel on cybercrime at a symposium at Northwestern University School [...]
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Filed under: Computer crime, Court Decisions, Intermediaries, Internet & Society, Law School, Privacy, Scholarship, Security
Posted on January 25th, 2013 by Derek Bambauer
The lawsuit against scumbag Web site Texxxan.com has generated attention to the problem of revenge porn, and to the paucity of legal remedies available to victims of it. Danielle Citron has two excellent posts over at Concurring Opinions analyzing the relevant statutory block, 47 U.S.C. 230, and the few cases that cut through its immunity. [...]
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Filed under: Anonymity, Blogging, Copyright, Court Decisions, Digital Media, Intermediaries, Internet & Society, Law School, Media, Peer Production, Privacy, Scholarship, Social Networking
Posted on December 17th, 2012 by Derek Bambauer
The Center for Individual Freedom has just published a paper by three RIAA lawyers that purports to develop a natural rights theory and history of copyright. The paper is short (6 pages long), which appears to be its only valuable quality. I’ll set out a brief critique below, but first I want to note that [...]
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Filed under: Copyright, Court Decisions, Digital Media, Education & Copyright, Internet & Society, Law School, Music, Politics, RIAA, Scholarship
Posted on December 4th, 2012 by Derek Bambauer
The Supreme Court has granted cert in Association of Molecular Pathology v. Myriad Genetics, a decision that seemed inevitable from the moment the Federal Circuit issued its fractured, confused set of opinions upholding the breast cancer gene patents. The case represents another foray by the Supreme Court into patentable subject matter, on the heels of [...]
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Filed under: Court Decisions, Law School, Patents, Scholarship
Posted on September 11th, 2012 by Derek Bambauer
When I teach Internet Law, I joke that banning child pornography is straightforward since there isn’t a pro-kid porn lobby (unlike, say, banning copyright infringement or adult pornography). I stand corrected: Rick Falvinge, founder of Sweden’s Pirate Party, has taken up the pro-legalization cause. (Interesting choice as a policy focus, but to each their own.) [...]
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Filed under: Computer crime, Court Decisions, Digital Media, Education & Copyright, Filtering, First Amendment, Google, Intermediaries, international, Internet & Society, Media, Music, Politics
Posted on September 10th, 2012 by Derek Bambauer
I’m answering questions about Internet Law for the next hour or so at Lifehacker. Fire away!
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Filed under: Blogging, Copyright, Court Decisions, Digital Media, Internet & Society, Media, Music, Peer Production, RIAA, Social Networking
Posted on August 29th, 2012 by Derek Bambauer
My blogging has been slow lately, but I’d be remiss not to point readers to Judge Richard Posner’s review of Antonin Scalia and Bryan Garner’s new book, Reading Law: The Interpretation of Legal Texts. It is a terrific piece of writing and it is an utter evisceration of the book. In the review, Posner does [...]
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Filed under: Books, Court Decisions, Law School, Media, Politics, Scholarship
Posted on August 14th, 2012 by Derek Bambauer
Soon, major ISPs will be rolling out a “copyright education” program intended to deter infringement. The program, colloquially called “six strikes,” was negotiated between ISPs and the content industries – most notably the RIAA and MPAA. In addition, however, the Obama administration was heavily involved in the negotiations – primarily, it appears, on the side [...]
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Filed under: civil procedure, Copyright, Court Decisions, Digital Media, Education & Copyright, Intermediaries, Internet & Society, ISP, RIAA