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US Department of Transportation's Automated Driving Guidance

With today's announcement, the US Department of Transportation is enthusiastically embracing automated driving -- It's saying that self-driving vehicles are coming in some form (or many forms) and that the agency can play a role not only in supervising but also in assisting this transportation transformation. The DOT is recognizing the wide range of relevant technologies, applications, and business models and is striving to address them more quickly and flexibly through its wide range of prospective and retrospective regulatory tools.

Stupid Patent of the Month: Elsevier Patents Online Peer Review

On August 30, 2016, the Patent Office issued U.S. Patent No. 9,430,468, titled; “Online peer review and method.” The owner of this patent is none other than Elsevier, the giant academic publisher. When it first applied for the patent, Elsevier sought very broad claims that could have covered a wide range of online peer review. Fortunately, by the time the patent actually issued, its claims had been narrowed significantly. So, as a practical matter, the patent will be difficult to enforce.

“Tool Without a Handle” – Tools For Art and Politics, Part 1

This blog has, to date, primarily focused on the qualities of networked information technologies and regulatory responses to them – in particular qualities that raise issues of privacy and free expression. This installment of “Tool Without a Handle” looks at the qualities that render these tools influential on artistic and political discourse. In this first part, I will look at one particular quality: searchable text.

The searchability of digital content may contribute to confirmation bias and the “filter bubble” phenomena. A pre-conceived preference as to what news or information is desired can be easily bolstered with references found via targeted searches. At the same time, a distinct value of search technology is that it has enabled a vast number of entertainment and creative works to find audiences. A library of programming the size of Netflix or YouTube is simply not navigable with the rotary dials that graced the television set of my childhood.

Unlock the Box Meets Lochner

I’m told that August is a slow month in D.C., but there is nevertheless policy drama in the air for the telecommunications and copyright nerds among us. I blogged last week about the battle currently being waged over the FCC’s effort to introduce competition into the market for cable set-top boxes—a market currently controlled by cable companies to the tune of about $20B a year.

Whose Copyright Office?

            In 2013, in a lecture at Columbia University, Register of Copyrights Maria Pallante announced an ambitious vision for the “Next Great Copyright Act.” That vision appropriately included a prominent role for the Copyright Office in helping policy makers work through some difficult issues relating to copyright and evolving technologies.

Network Neutrality in Brazil: the recently enacted Presidential Decree consolidates meaningful rules

Amidst an economic and political turmoil, Brazil gave a significant step towards protection of network neutrality – the principle that keeps the Internet an open space, free from undue control by Internet service providers (ISPs). A Presidential Decree issued right before Dilma Rousseff was temporarily removed from power on May 10 consolidates the regime established by the Marco Civil – a Federal Statute known as the “Internet Bill of Rights” in Brazil - and brings clarity to the application of meaningful rules that may effectively preserve network neutrality.

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