Posted on October 24th, 2012 by Derek Bambauer
The final version of Orwell’s Armchair, 79 University of Chicago Law Review 863 (2012) , is available on-line (and in print, for those of you who roll old-school). Here’s the abstract: America has begun to censor the Internet. Defying conventional scholarly wisdom that Supreme Court precedent bars Internet censorship, federal and state governments are increasingly [...]
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Filed under: Copyright, Digital Media, Filtering, First Amendment, Intermediaries, Internet & Society, Network Neutrality, Politics, RIAA, Scholarship, Search Engines
Posted on May 16th, 2012 by Derek Bambauer
I’ve posted a new essay, titled Chutzpah, to SSRN. It’s forthcoming in the peer-reviewed Journal of National Security Law and Policy. Here’s the abstract: President Barack Obama campaigned on a platform of governmental transparency. This Essay examines how his administration has implemented this commitment in two policy areas: Internet communication, and intellectual property. It finds [...]
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Filed under: Copyright, Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Media, national security, Network Neutrality, Open Access, Politics, RIAA, Scholarship, Voting
Posted on January 16th, 2012 by Derek Bambauer
Thanks to Danielle and the CoOp crew for having me! I’m excited. Speaking of exciting developments, it appears that the Stop Online Piracy Act (SOPA) is dead, at least for now. House Majority Leader Eric Cantor has said that the bill will not move forward until there is a consensus position on it, which is to [...]
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Filed under: civil procedure, Copyright, Digital Media, Filtering, First Amendment, Google, Intermediaries, international, Internet & Society, Network Neutrality, Politics, RIAA, Scholarship, Search Engines
Posted on January 4th, 2012 by Derek Bambauer
On Saturday, January 7, at 8:30AM (yes, that’s early, bring coffee), I’ll be speaking on a panel on Governmental Transparency in the Digital Age, run by the National Security Section of the AALS. It’s in Delaware Suite B on the lobby level of the Marriott Wardman Park Hotel. In addition to having painful flashbacks to [...]
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Filed under: Copyright, Court Decisions, Digital Media, Education & Copyright, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Law School, national security, Network Neutrality, Politics, RIAA, Scholarship, Security
Posted on October 14th, 2011 by Derek Bambauer
Mike Masnick has an article up at TechDirt about my podcast with Jerry Brito, whose Surprisingly Free series is the place to be seen (er, heard) for law geeks. Mike picks up on a major point of Orwell’s Armchair: let’s be transparent. If we intend to censor the Internet, then we should be willing to [...]
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Filed under: Blogging, Copyright, Digital Media, Filtering, First Amendment, Intermediaries, Internet & Society, ISP, Media, national security, Network Neutrality, Open Access, Politics, RIAA, Scholarship
Posted on October 4th, 2011 by Derek Bambauer
If you’re an on-line poker player, a fan of the Premier League, or someone who’d like to visit Cuba, you probably already know this. Most people, though, aren’t aware that America censors the Internet. Lawyers tend to believe that a pair of Supreme Court cases, Reno v. ACLU (1997) and Ashcroft v. ACLU (2004), permanently [...]
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Filed under: civil procedure, Copyright, Digital Media, Filtering, First Amendment, Intermediaries, Internet & Society, ISP, Media, Network Neutrality, Politics, RIAA, Scholarship
Posted on September 12th, 2011 by Derek Bambauer
I’ve just uploaded a new paper, Orwell’s Armchair, to SSRN. It is coming out next year in the University of Chicago Law Review. I’d love to have feedback on the piece – my contact information is in the author footnote. Here’s the abstract: America has begun to censor the Internet. Defying conventional scholarly wisdom that [...]
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Filed under: Copyright, Court Decisions, Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Media, Network Neutrality, Open Access, Politics, RIAA, Scholarship, Search Engines
Posted on July 6th, 2011 by Derek Bambauer
David Post, Mark Lemley, and David Levine have drafted a terrific letter opposing the PROTECT IP Act, which passed the Senate Judiciary Committee unanimously and seemed headed for President Obama’s desk until Senator Ron Wyden placed a hold on it. I’ve signed the letter, along with pretty much every other Internet law and IP professor [...]
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Filed under: Blogging, Copyright, Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Law School, Network Neutrality, RIAA, Search Engines, Security, Software
Posted on June 24th, 2011 by Derek Bambauer
Back in 2008, I wrote in Cybersieves that “online censorship is sharply on the rise worldwide—in democratic states as well as in authoritarian ones.” Sometimes it is depressing to be right. CNET reports that major broadband ISPs in the United States are on the cusp of agreeing to a plan that would limit the on-line [...]
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Filed under: Anonymity, Copyright, Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Law School, Media, Network Neutrality, RIAA, Scholarship
Posted on June 16th, 2011 by Derek Bambauer
I’ve been learning firsthand about why we need more broadband options in the U.S. On moving to a new apartment in Brooklyn, I realized I had four broadband options: Time Warner Cable (known to be atrocious – ask Eugene Mirman), AT&T (I’ve made that mistake before), satellite (the landlord isn’t enthusiastic about the dish), and [...]
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Filed under: Digital Media, Intermediaries, Internet & Society, ISP, Media, Network Neutrality, Open Access, Software