Elizabeth Rader's blog

Ninth Circuit Reverses FCC and holds cable Internet service is both a telecommunications and an information service

Today, October 6, 2003, the Ninth Circuit Court of Appeals issued its decision in Brand X Internet Services v. FCC, reversing the FCC's order classifying cable Internet service as an "information service." The Court held it was bound by its previous ruling in AT&T v. City of Portland that cable Internet service consists of two elements, a pipeline and Internet service transmitted via that pipeline, and that the latter is a telecommunications service.


The Center decided I should have my own blog. I've had one toe in the blogosphere, as it were, for almost a year in that I've been posting to the CIS main blog, and updating the website with news about my cases like Internet Radio and Peter Pan but here I suppose I can write more freely without the concern that my ramblings will be attributed to the Center generally or its other denizens.

Court Rejects RIAA's Request to Force Webcasters To Redact Their Briefs

CIS represents webcasters in the Internet Radio appeals concerning webcasting royalties set by the Librarian of Congress after a CARP arbitration in the Copyright Office. After webcasters filed two appeal briefs (one from webcasters that participated in the trial-like arbitration and one from webcasters that could not participate) the RIAA and the Department of Justice filed a joint motion seeking to strike both briefs on the grounds that they rely on certain evidence outside the record.

Why Is This Case So Quiet?

You may be wondering why nothing seems to have happened in this case since January. The reason is that the defendant, the owner of the copyright in the play "Peter Pan," is located in London in the United Kingdom. In order to obtain jurisdiction over the defendant in the U.S. District Court in San Francisco, California, CIS is having the defendant served according to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, a treaty signed by both the United States of America and the United Kingdom.

Peter Pan returns in "Peter's First Christmas"

CIS's Cyberlaw Clinic is defending author Emily Somma's rights to write new original stories about Peter Pan, a character created in 1902 who has been in the public domain for many years. Somma's first book about Peter Pan is After the Rain, A New Adventure for Peter Pan, published by Daisy Books.
Learn more about the Somma (Peter Pan) case here.

Chris Sprigman on the Bret McDanel appeal in Findlaw

CIS Fellow Chris Sprigman has a commentary in Findlaw about the McDanel appeal being handled by Jennifer Granick. Sprigman explain why McDanel should never have been prosecuted in the first place - and why his prosecution has caused serious harms to free speech and runs counter to the Department of Homeland Defense's position that companies should take steps to ensure that their computer systems are secure.

SecurityFocus Article on CIS's McDanel Case

Today's SecurityFocus has a column by Mark Rasch about the criminal prosecution and conviction of CIS client Bret McDanel for disclosing a security vulnerability in his former employer's e-mail service. CIS's Jennifer Granick is representing Mr. McDanel in his appeal in the Ninth Circuit.

Webcasters Respond to Motion to Strike

On August 4, 2003, CIS filed a brief opposing the RIAA/DOJ Motion to Strike, pointing out that here, the Court needs to consider extra-record material in order to fulfill its constitutional mandate to reviewing the government's application of federal statutes for constitutionality. Some of the sources complained of are Congressional records or the Copyright Office's own web site! Moreover, many of the sources complained of are only provided for background or rhetorical purposes, not as evidence.

The RIAA Empire Strikes Back

July 18, 2003- The RIAA and friends filed a motion to strike, from the webcasters' appeal briefs filed June 20, all references to any documents and sources not in the record created in the CARP proceedings below.


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