Defining Network Neutrality

The net neutrality fight is on, as FCC Chairman Julius Genachowski’s proposal for new rules moved on to a Notice of Proposed Rulemaking. Now, the two sides are digging in: AT&T, telcos, and unions on one side; Google and content providers on the other.
I tend to favor protecting end-to-end in the Internet context, but I’m [...]

Rafal Rohozinski on Internet Surveillance and Monitoring

My former ONI colleague Rafal Rohozinski, now of Information Warfare Monitor, has a great interview where he discusses methodology and findings for both projects. Well worth a read!

FCC to Propose Net Neutrality Rules

New FCC Chairman Julius Genachowski threw down the network neutrality gauntlet in a speech today [PDF] [HTML] at the Brookings Institution, announcing his intention to start a formal process that would result in adoption of binding regulations. [There is good news and blog coverage from AP, Wired, and Washington Post.] His proposal would turn [...]

Social Marketing Article Published

From blog post to journal article! I am pleased to report that the new issue of the University of Illinois Law Review includes my article, Disclosure, Endorsement, and Identity in Social Marketing. The ideas for the article began in posts on this blog, starting here and continuing here.
Here’s the full abstract of the new article:

Social [...]

Invasion of the Copyright Parasites

I still subscribe to my local newspaper, the St. Paul Pioneer Press, in dead-tree form. One evening in early August, just before my vacation, as I perused the ever-shrinking opinion page, my eye ran across this headline: “MEDIA, OLD AND NEW ‘FREE-RIDING’ AND COPYRIGHT.” The authors, Dan and David Marburger, argue that news [...]

Is $22,500 Per Song Unconstitutional?

The guns in RIAA v. Tenenbaum have gone temporarily silent; now, there’s post-game analysis and preparations for the next phase: challenging the jury’s award of $675,000 in damages ($22,500 per song, at 30 songs). Ben Sheffner’s Billboard column gives a great summary of the fight. Tenenbaum’s side will claim that the Copyright Act’s statutory damages [...]

Did the Tenenbaum Judge Botch It?

As you know, Joel Tenenbaum lost against the RIAA and is now on the hook for $675,000, pending a hearing on the constitutionality of those damages. Several lawyers I’ve talked with have suggested that Judge Nancy Gertner, who presided over the trial, committed reversible error by issuing a directed verdict on the question of infringement. [...]

@LibelGirl: Call yr atty ASAP

In an astonishing overreaction, Horizon Realty Group, a large Chicago landlord, has filed a defamation lawsuit against a former tenant, Amanda Bonnen, over this tweet sent on her (now defunct) Twitter account:
@JessB123 You should just come anyway. Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it’s ok.
Assuming the [...]

NYLS Launches Google Book Settlement Wiki

James Grimmelmann and a team of students at New York Law School have launched an elaborate web site called “The Public Index” to facilitate conversation about the proposed settlement of the Google Book litigation. As the site’s home page explains:

Here, you can browse and annotate the proposed settlement, section-by-section. … In addition, you can:

Study our [...]

Zittrain Warns of the Cloud

Jonathan Zittrain expands on the themes in his must-read book this morning in a must-read New York Times op-ed about the shift toward cloud computing. A taste of the main point:
[T]he most difficult challenge — both to grasp and to solve — of the cloud is its effect on our freedom to innovate. The crucial [...]

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