Posted on October 2nd, 2011 by Derek Bambauer
Thanks to Dan and the Prawfs crew for having me! Blogging here is a nice distraction from the Red Sox late-season collapse. I thought I’d start with a riddle: what do roller derby, windsurfing, SourceForge, and GalaxyZoo have in common? Last week, NYU Law School hosted Convening Cultural Commons, a two-day workshop intended to accelerate [...]
1 Comment »
Filed under: Copyright, Digital Media, Intermediaries, Law School, Open Access, Patents, Peer Production, 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 [...]
Comments Off
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 29th, 2011 by Derek Bambauer
I’ve long argued that one reason to be cautious about turning to Internet filtering as a means of regulation – of dealing with social problems such as child pornography distribution or IP infringement – is that it inevitably expands. A judge in the United Kingdom is helping me make my point: he has ordered British [...]
Comments Off
Filed under: Copyright, Court Decisions, Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Music, Open Access, RIAA, Scholarship
Posted on July 20th, 2011 by Derek Bambauer
Oliver Day and I presented the idea behind our article The Hacker’s Aegis (now available from Emory Law Journal – the cite, for law nerds, is 60 Emory L.J. 1051 (2011)) at the Berkman Center for Internet & Society at Harvard Law School yesterday. The Webcast of the talk should be available soon. We had [...]
Comments Off
Filed under: badware, Berkman, Computer crime, Copyright, Court Decisions, Law School, Microsoft, national security, Open Access, Patents, Peer Production, Scholarship, Security, Software
Posted on June 28th, 2011 by Derek Bambauer
Google Chairman Eric Schmidt notes that censorship is on the rise worldwide, as covered by TechNewsWorld. The alarming thing, as I note in the story, is that this is not a trend confined to authoritarian countries – it’s happening here in the U.S. as well. There is going to be an interesting clash between U.S. [...]
Comments Off
Filed under: Anonymity, Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, Law School, Media, Open Access, RIAA, Scholarship, Search Engines
Posted on June 26th, 2011 by Derek Bambauer
For those interested in whistleblowing, WikiLeaks, and the role journalists can play as the Internet saps traditional media, I shamelessly recommend Consider the Censor, an essay I wrote in the Wake Forest Journal of Law & Policy that is now available on-line.
Comments Off
Filed under: Anonymity, Computer crime, Court Decisions, Digital Media, Encryption, Filtering, First Amendment, Intermediaries, Internet & Society, Law School, Media, national security, NSA, Open Access, Peer Production, Scholarship, Security
Posted on June 23rd, 2011 by Derek Bambauer
(Guest post by Jane Yakowitz, Visiting Assistant Professor at Brooklyn Law School. Jane wrote an amicus brief in IMS v. Sorrell, on behalf of IMS.) Earlier today, the Supreme Court issued an opinion in Sorrell v. IMS Health that is likely to incense a lot of people that were familiar with the suit as a [...]
Comments Off
Filed under: Anonymity, Blogging, Corporate Law, Court Decisions, First Amendment, Health Law, Intermediaries, Open Access, Privacy, Scholarship
Posted on June 21st, 2011 by Derek Bambauer
Update: I’ve quickly read the Flyonthewall opinion. It’s complicated, and deserves a close read. So far, I think it is well-reasoned. In particular, it does several helpful things: INS v. AP – The case smartly inters INS v. AP, the turgid Supreme Court case that generated the “hot news” misappropriation tort. The Second Circuit rightly [...]
Comments Off
Filed under: Copyright, Court Decisions, Digital Media, Education & Copyright, First Amendment, Intermediaries, Internet & Society, Media, Open Access, Peer Production, Search Engines
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 [...]
Comments Off
Filed under: Digital Media, Intermediaries, Internet & Society, ISP, Media, Network Neutrality, Open Access, Software
Posted on June 5th, 2011 by Derek Bambauer
It’s Alliteration Monday here at Info/Law! Ars Technica has a great write-up on the Mac Defender malware that’s been infecting hipsters‘ MacBooks left and right. Apple started by ignoring the problem, and has subsequently woken up and started to use features such as File Quarantine to deal with it. Belated, but laudable. I have three [...]
Comments Off
Filed under: Apple, badware, Berkman, Computer crime, Digital Media, Encryption, Intermediaries, Internet & Society, Media, Microsoft, Open Access, Open Standards, Scholarship, Security, Software