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Dear Silicon Valley: Great satire can be fake news!

Many in Silicon Valley say: thumbs down to fake news! Not so fast. Great satire can be fake news! That's because satire is often "pure fiction masquerading as truth," or even real truth masquerading as fiction. Plus, satire is legally protected. Don't throw the satire baby out with the fake news bathwater. Read how!

Wiretap Numbers Still Don't Add Up

Earlier this year, I wrote that the wiretap numbers reported by the Administrative Office (AO) of the US Courts in its 2014 Wiretap Report and those disclosed in transparency reports by the major telecommunications companies just didn’t add up. While the AO reported 3554 wiretaps in 2014, the four major U.S. carriers reported 10,712 wiretaps implemented for the same period -- a threefold discrepancy.

Points of Consensus on Rule 41

Senator Chris Coons, Democrat from Delaware, offered a bill today that would delay implementation of proposed changes to Federal Rule of Criminal Procedure 41 for six months. Stanford’s Center for Internet and Society and Mozilla have been studying issues related to government hacking including the Rule 41 changes.

This election was not hacked – but it was attacked

The presidential campaign of 2016 thankfully – and we can only hope officially – ended this evening. As of when this article was posted, there are no reports of widespread cyberattacks or other digital interference against state voting systems. Of course, since votes are still being tallied, we’re not in the clear yet. But current indications are that this was a fairly uneventful election, from a cybersecurity perspective at least.

What the Second Circuit Just Got Wrong about the DMCA in EMI v. MP3Tunes

            With the Second Circuit’s recent decision in EMI v. MP3Tunes, the formerly small body of case law interpreting § 512(i) of the DMCA – the “repeat infringer” provision – continues to grow. Last year, for example, district courts held service providers ineligible for safe harbor for failing to comply with § 512(i) in two closely watched cases, BMG Rights Management v.

Cross Border Content Removal Demands - You Decide

The Center for Internet and Society just wrapped up its Law, Borders, and Speech Conference. We had an amazing line-up of speakers and a great set of topics -- the event was a blast, and we are getting enthusiastic feedback from newly minted Internet jurisdiction nerds and old hands alike.

Cybersecurity, Unscrupulous Diners, and Internet Stewardship

The extended DDoS attacks over the past few days that triggered widespread outages and Internet congestion are more than a mere annoyance. Rather, these instances have proven to be increasingly sophisticated efforts to strike at core networking protocols—the infrastructure that makes the Internet operate—to render large portions of the network inoperable or inaccessible. Perhaps the greatest irony of these complex attacks has been the fact that they have been conducted on the backs of some of the dumbest devices out there—the so-called "smart" devices that make up the Internet of Things (IoT).

"Tool Without A Handle" - Mobile Tools

This post continues my thoughts on qualities of digital tools that have helped make political and artistic expression more subjective, accessible and fluid. In the previous post, we looked at the searchability of text. In this post I examine the impact of mobility: the ability afforded by digital tools to access vast troves of information, to communicate, to record, and to create from virtually anywhere on the planet.

There are at least three significant capabilities of digital technologies that have been shaped by portability: mobile commerce, access to news and information, and visual communications. Each of these capabilities accelerated significantly with the development of the “smartphone” – in particular the Apple iPhone in 2007 – but were inherent in mobile technologies from their initiation. Below, I discuss each quality in turn and identify some of its impacts.

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