David Levine's blog

Trade Secrecy and the Trans-Pacific Partnership Agreement: Secret Lawmaking Meets Criminalization

Trade secrecy, arguably the most active but least understood and studied of intellectual property's doctrines, is on the rise. Over the past two years, there has been increased legislative activity in this space -- the most since the revision of the Uniform Trade Secrets Act in 1985. Most prominently, it has been the subject of an alarming report out of the White House documenting increasing risk to US corporations from state-sponsored cyberespionage. Read more » about Trade Secrecy and the Trans-Pacific Partnership Agreement: Secret Lawmaking Meets Criminalization

Professors’ Letter in Opposition to the “Defend Trade Secrets Act of 2014” (S. 2267) and the “Trade Secrets Protection Act of 2014” (H.R. 5233)

Sharon Sandeen at Hamline Law and I have authored the attached letter dated August 26, 2014 and signed by 31 United States legal academics to the Congressional sponsors of the "Defend Trade Secrets Act of 2014" ("DTSA") and the "Trade Secrets Protection Act of 2014" ("TSPA") (collectively, "the Acts.") Read more » about Professors’ Letter in Opposition to the “Defend Trade Secrets Act of 2014” (S. 2267) and the “Trade Secrets Protection Act of 2014” (H.R. 5233)

Net Neutrality and the First Amendment Rights of Users of Government-Run Networks

Yesterday my Elon Law colleague Enrique Armijo, who writes about the application of the First Amendment to new technologies, filed a comment in the FCC's net neutrality proceeding. As CIS blog readers know, the FCC has shown interest in using its preemption authority to remove barriers to municipalities establishing their own broadband services to compete with private ISPs. Read more » about Net Neutrality and the First Amendment Rights of Users of Government-Run Networks

Flynn, Kaminski and Levine Comment to the United States Trade Representative on academics and the trade advisory system

Yesterday, Sean Flynn (American Law), Margot Kaminski (Yale Law) and I submitted this comment to the US Trade Representative (USTR) making the argument that academics should have the ability to be formal USTR advisors. Read more » about Flynn, Kaminski and Levine Comment to the United States Trade Representative on academics and the trade advisory system

Putting the Public’s Interest Back Into the “Public Interest”

What’s your definition of the “public interest” when it comes to law and lawmaking?  Is it a unitary concept, where we consider the good of society as a whole?  If so, you might think that the public’s interest is in a “public interest” which encompasses “cross-cutting issues” that transcend narrow considerations and allows debate about and among competing interests.  On the other hand, do you view the “public interest” more narrowly?  If so, you might view the public’s interest as served by placing “public interest” in a box separate from other interests, like environmental, labor or intel Read more » about Putting the Public’s Interest Back Into the “Public Interest”

Bad news from the world of fracking and, even more importantly, corporate control of information

A few days ago, the hydraulic fracturing (“fracking”) industry was able to successfully lobby (via Halliburton) to weaken North Carolina's proposed fracking information access rules. The result could be that trade secrets – that information that is commercially valuable because it is not publicly known -- will be difficult to access not only for the public, but even for the North Carolina Mining and Energy Commission, charged with writing and enforcing the regulations for fracking. Read more » about Bad news from the world of fracking and, even more importantly, corporate control of information

Hearsay Culture to Celebrate Show #200

As I've recently mentioned on a few shows, despite my reservations about not making the show "about me," Show #200 will be guest host Denise Howell's, of This Week in Law, interview with me. So that there's no confusion, I'm not giving in to rank narcissism; rather, because several guests and listeners suggested that this would be a good way to celebrate this anniversary, I went along -- and I'm glad that I did! Read more » about Hearsay Culture to Celebrate Show #200

Could Overreaction to Cybersecurity Threats Hurt Transparency at Home?

Last week, President Obama met with Chinese President Xi Jinping to discuss the ongoing problem of Chinese cyber espionage. The Obama administration has recently detailed increased efforts by some companies and their governments (most notably Chinese on both counts) to steal valuable information from the U.S. Read more » about Could Overreaction to Cybersecurity Threats Hurt Transparency at Home?

Hearsay Culture shows with David Perlmutter, Ethan Leib, Saul Levmore, Martha Nussbaum and Helen Nissenbaum posted

Happy new year! A hectic December has led me to the Association of American Law Schools annual meeting, where I'll be discussing the Anti-Counterfeiting Trade Agreement tomorrow. Meanwhile, posted are the last four shows of the Fall 2011 quarter. Read more » about Hearsay Culture shows with David Perlmutter, Ethan Leib, Saul Levmore, Martha Nussbaum and Helen Nissenbaum posted

Hearsay Culture shows number 150(!) and 151 with Jen Nails and Prof. Lewis Hyde posted

What a busy semester -- aside from doing Hearsay Culture, I've been teaching my two classes (Contracts and IP Survey), writing an article on social media and the Freedom of Information Act that I'll be presenting at North Carolina Law Review's symposium on social media and the law on Friday, working on other research projects, IP law advocacy efforts, and administrative matters, and applying for promotion and tenure. Read more » about Hearsay Culture shows number 150(!) and 151 with Jen Nails and Prof. Lewis Hyde posted

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