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 [...]

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 [...]

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. [...]

Tenenbaum Liable for Copyright Infringement

Update [31 July 6:50PM]: $22,500 per work; $675,000 total. More than I expected. Props to Wendy Seltzer and Mark Lemley for the update. Link is to Ben Sheffner’s write-up in Ars Technica…
The judge in the copyright infringement lawsuit against Joel Tenenbaum has issued a directed verdict on the issue of infringement liability. The only remaining [...]

Mickey Kaus Discovers Section 230

Yep, it’s all Section 230, all the time here at Info/Law! Makes for a nice change from filtering. Mickey Kaus writes about the threat by Sarah Palin’s attorney to sue anyone defaming her, and also those who republish such defamation. He’s astonished to learn that Section 230 could shield him and other bloggers. (I’d presume [...]

Australia to Filter Online Games

One beneficial side effect of Internet filtering is that it points up quirks in how countries make content decisions: what’s blacklisted, and why? The Sydney Morning Herald reports that Australia’s proposed Internet censorship system (currently in its second phase of testing) will block access to on-line and downloadable games that aren’t MA-15 or milder. This [...]

Germany Joins Iran and China

Nope, not a post about the World Cup – these are three countries that have been in the news for government-mandated Internet censorship. It’s a bit weird to see that grouping, but as I’ve argued elsewhere, filtering is becoming ubiquitous – no longer limited to “bad states” like Burma.
In Germany, the major parties in Parliament [...]

Google, Encryption, and Security

The Washington Post covers a letter by security researchers and academics urging Google to adopt encryption (HTTPS) as the default for all of its services. (Disclosure: I signed the letter.) The letter makes the case convincingly:
Google uses industry-standard Hypertext Transfer Protocol Secure (HTTPS) encryption technology to protect customers’ login information. However, encryption is not enabled [...]

Minnesota Backs Down

Minnesota’s Department of Public Safety has withdrawn its effort to compel the state’s ISPs to filter ~200 gambling Web sites, in the face of a lawsuit filed by iMEGA. State officials are maintaining a brave (poker) face, along with some bad analogies – they claim not to have “folded their hand.”  John Willems – the [...]

Filtering v3.0

Great panel on filtering at CFP 2009 yesterday – we took up the question of whether John Gilmore is still right in that the “Net interprets censorship as damage and routes around it.” Ian Brown talked about Cleanfeed and how filtering operates, from the most basic to the most sophisticated. TJ McIntyre described the bizarre [...]

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