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 [...]

The Fight to Free Subway Data

Chris Schoenfeld of StationStops has a post up about his battle to get the New York Metropolitan Transit Authority to let him use its schedule data in his iPhone app. Brooklyn’s Law Incubator and Policy Clinic (BLIP) played a big role in Chris’s successful battle, and I’m very proud of the work that the BLIP [...]

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!

Opening Government Data: Federal Register Goes XML

Great news today on the open-access (OA) front with the federal government’s announcement that the Federal Register, the daily compilation of proposed and final regulations to be issued by federal agencies, will now be available in XML format. (Want to see a sample? Here is today’s issue as an XML document.) This is great [...]

On Corporate Compliance

My colleague and friend Miriam Baer has posted her latest piece, Governing Corporate Compliance (soon to appear in the Boston College Law Review), on SSRN. Here’s the abstract:
In light of the financial meltdown of 2008, it is reasonable to question whether the prior decade’s emphasis on corporate compliance – the internal programs that corporations adopt [...]

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 [...]

Ellen’s Dances: Infringing?

Reuters reports that he major record labels have sued the producers of The Ellen DeGeneres Show because they do not secure copyright permission to play the songs when Ellen dances around like a goof (and sometimes her guests do too).
I draw three lessons:
1. When someone accuses you of infringement and asks why you did [...]

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 [...]

Judge Issues Lori Drew Opinion

This isn’t exactly fast-breaking news, but since I wrote a long post last year about the Lori Drew case and then noted the judge’s decision to rescind her conviction, I wanted to point out that the judge has now issued a written opinion explaining his reasoning. Eric Goldman has some cogent analysis. Like [...]

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 [...]

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