Crawford and ID Creep

Thanks to the Concurring Opinions gang for inviting me back for another visit! I will leave it to the likes of the incredible Rick Hasen and SCOTUSBlog’s Lyle Deniston — among many, many others — to talk about the important election law elements of Monday’s Supreme Court decision on voter identification in Crawford v. Marion [...]

Guest Blogging on Concurring Opinions

I will be a guest blogger at Concurring Opinions this month. I will cross-post anything to do with info/law here — and perhaps some things that are too geeky will get posted here and not there!

N.J. Constitution Requires Subpoena for ISP Data

The New Jersey Supreme Court issued a unanimous decision on Monday ruling that the state’s constitution goes further than the United States Constitution by requiring a warrant before the government can obtain subscriber information from an information service provider (such as linking a name to an IP address). Under controlling Fourth Amendment precedent, individuals have [...]

Hannah Montana Bill Advances

The Minnesota State House has passed the “Hannah Montana bill”, 119-12. The proposed legislation, which I discussed last month, bans software that jumps the queue at Ticketmaster and other sites that sell event tickets. The state Senate passed a slightly different version of the bill easrlier this month, and now must consider the House changes.

What are the Best/Worst “Remixes” of Public Domain Works?

My new project involves examining legal protections for the public domain under United States copyright law. There’s a doctrinal component to that — what does the law say? — as well as a normative component — why should we care? It’s that latter question that I’ve been noodling around lately. Anyone who looks for indications [...]

Challenge to Facebook’s Trademark

Most readers probably know about the bitter lawsuit against Mark Zuckerburg, the controversial founder of Facebook, alleging that he stole the idea for the wildly successful social-networking site from other Harvard students who had hired the young geek to write code for a similar site, eventually unveiled as ConnectU. I never knew whom to believe [...]

Can States Copyright Their Statutes?

Via Boing Boing comes a story about the State of Oregon asserting copyright over its official codification of state laws, the Oregon Revised Statutes. The state’s Office of Legislative Counsel has been sending out C&Ds to groups like Justia and public.resource.org, demanding that they take down their copies of the state laws. The groups are [...]

Water Wars

My friend and colleague Noah Hall has just launched an excellent new blog that examines water law, with a particular focus on the Great Lakes. What’s he discussing? Fights over bottled water, the challenges of climate change, pending Supreme Court cases – all great stuff. Noah’s one of the leading experts on water law, as [...]

More Congressional Staff Financial Data Online

Back in September 2006 I expressed skepticism about the posting of all congressional staff salaries by a web site called LegiStorm. At the time I said: It might be different if this were the members of Congress themselves (whose salaries are set by statute) or perhaps their most senior aides. Can it really matter to [...]

Wal-Mart Execs Behaving Badly: Who Owns the Videos?

Paul Caron brought an interesting piece in yesterday’s Wall Street Journal to my attention: Candid Camera: Trove of Videos Vexes Wal-Mart. The story: about 30 years ago, Wal-Mart hired a small video production firm to record meetings of Wal-Mart’s executives, as well as speeches, shareholder meetings, sales presentations, and the like. The video recording outfit [...]