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 March 18th, 2013 by Derek Bambauer
Jane Yakowitz Bambauer has a new article forthcoming in 66 Stanford Law Review __ (forthcoming 2014), titled “Is Data Speech?” Here’s the abstract: Privacy laws rely on the unexamined assumption that the collection of data is not speech. That assumption is incorrect. Privacy scholars, recognizing an imminent clash between this long-held assumption and First Amendment [...]
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Filed under: First Amendment, Google, Intermediaries, Law School, Privacy, Scholarship
Posted on December 15th, 2012 by Derek Bambauer
I talked with Lifehacker’s IP guru Adam Dachis about the closure of several Usenet indexing services, including NZBMatrix. NZBMatrix threw in the towel after coming under twin pressures: a flood of DMCA notices related to links pointing to allegedly infringing content, and difficulty navigating the requirements of service providers such as PayPal. It’s the latest [...]
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Filed under: Anonymity, Copyright, Digital Media, Education & Copyright, Google, Intermediaries, international, Internet & Society, Media, Politics, RIAA, Search Engines, Software
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 9th, 2012 by Derek Bambauer
I have a new essay up on SSRN, titled Censorship v3.1. It’s under consideration by the peer-reviewed journal IEEE Internet Computing. Here’s the abstract: Internet censorship has evolved. In Version 1.0, censorship was impossible; in Version 2.0, it was a characteristic of repressive regimes; and in Version 3.0, it spread to democracies who desired to [...]
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Filed under: Education & Copyright, Filtering, First Amendment, Google, Intermediaries, Internet & Society, ISP, national security, Politics, RIAA, Scholarship, Search Engines, Security, Social Networking, Spam
Posted on May 7th, 2012 by Derek Bambauer
Adam Dachis has an interesting and worrisome post up at Lifehacker. (Disclosure: he kindly asked me for input into the post.) It thinks about a post-CISPA world, where privacy exists only at the behest of companies who hold our information. CISPA would immunize these firms for sharing information with the federal government, so long as [...]
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Filed under: Anonymity, Computer crime, Encryption, Filtering, Google, Intermediaries, Internet & Society, ISP, Media, national security, NSA, Politics, Privacy, Security, Software
Posted on April 10th, 2012 by Derek Bambauer
Catchy title, no? Today, Al Perry, Vice President of Worldwide Content Protection and Outreach at Paramount Pictures, came to BLS to talk about movies, piracy, and the Internet. He spoke for about 40 minutes, and then Jason Mazzone offered comments. Next, we had about 30 minutes of spirited discussion with BLS students. I’m writing up [...]
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Filed under: badware, Copyright, Digital Media, Education & Copyright, Filtering, First Amendment, Google, Intermediaries, Internet & Society, Law School, Music, Politics, RIAA, Scholarship, Search Engines, Software
Posted on April 4th, 2012 by Derek Bambauer
As promised, The Myth of Perfection is now available at the Wake Forest Law Review Online.
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Filed under: Anonymity, Computer crime, Copyright, Digital Media, Encryption, Filtering, First Amendment, Google, Intermediaries, international, Internet & Society, Media, national security, Privacy, RIAA, Scholarship, Security
Posted on February 29th, 2012 by Derek Bambauer
If you Google “Santorum,” you’ll find that two of the top three search results take an unusual angle on the Republican candidate, thanks to sex columnist Dan Savage. (I very nearly used “Santorum” as a Google example in class last semester, and only just thought better of it.) Santorum’s supporters want Google to push the, [...]
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Filed under: Cognitive Decisionmaking, First Amendment, Google, Impersonation, Intermediaries, Internet & Society, Media, Politics, Search Engines, Voting
Posted on February 27th, 2012 by Derek Bambauer
Lifehacker‘s Adam Dachis has a great article on how users can deal with a world in which they infringe copyright constantly, both deliberately and inadvertently. (Disclaimer alert: I talked with Adam about the piece.) It’s a practical guide to a strict liability regime – no intent / knowledge requirement for direct infringement – that operates [...]
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Filed under: Anonymity, Apple, Computer crime, Copyright, Digital Media, Education & Copyright, Encryption, First Amendment, Google, Intermediaries, Internet & Society, Media, Music, Politics, RIAA, Search Engines, Security, Software