Lauren Gelman's blog

FCC May Allow Unlicensed use of 'White Space' Spectrum

by Lauren Gelman, posted on March 13, 2007 - 12:55pm.

Techdirt reports that the Federal Communications Commission may start to allow unlicensed uses in so- called "white space spectrum." WSS is the buffer zone that used to be necessary around broadcast analog spectrum to make sure there was no interference. Finally, the FCC is starting to recognize that technology has made (and will continue to make) interference less of a problem. Therefore, locking up all the best spectrum so that your analog TV channels will work is not the best use of a valuable public resource.

This is a dangerous road for the FCC so you can understand their reluctance. In fact it might just put them out of business. If interference disappears they lose their constitutional justification for selling spectrum at all. In Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969) the Supreme Court found that it did not violate the First Amendment for the FCC to choose speech winners and losers when they sold exclusive rights to use spectrum at auctions because having some people able to speak was better than allowing everyone to speak at the same time and noone be heard because of the interference. (upholding a FCC rule that required broadcasters to provide a right of reply under certain circumstances.) As technology drops the interference factor to zero, the FCC's spectrum auctions continue to lose their First Amendment bona fides.

We had a conference on this issue 4 years ago. It is nice to finally see some concrete movement from the FCC.

Substantive Tags: infrastructure

Lessig Editorial on Net Neutrality

by Lauren Gelman, posted on April 17, 2008 - 8:42am.

Prof. Lessig has an editorial in today's SF Chronicle about the Net Neutrality debate. Come share your views at today's FCC hearing on Broadband Management practices on Stanford's campus.

FCC Hearing Prep Meetings

by Lauren Gelman, posted on April 9, 2008 - 8:48pm.

Local community groups around Palo Alto and the Bay Area have organized a series of community meetings to connect before the FCC hearing, help folks learn more about the issues, and talk about giving testimony at the hearing.

Sunday, April 13th, 4:00-6:00 p.m.
The Media Center, 900 San Antonio Road, Palo Alto, CA

Monday, April 14th, 6:00-7:30 p.m.
KPFA, 94.1, 1929 Martin Luther King Way, Berkeley, CA

Tuesday, April 15th, 4:30-6:30 p.m.
Bay Area Video Coalition, 2727 Mariposa Street, 2nd Floor, San Francisco

Wednesday, April 16th, 6:30-8:30 p.m.
One East Palo Alto Office, 1798 Bay Road, East Palo Alto, CA

Also, savetheinternet.com has posted resources where you can learn more about Net Neutrality to prep for comments you want to make at the hearing, or to hand out to your friends. You can download resources in Spanish and English.

Court holds Privacy Act "actual damages requirement" does not require pecuniary harm

by Lauren Gelman, posted on April 9, 2008 - 2:11pm.

I'm breaking blog silence to report on an amazing decision out of the DC Circuit holding that the federal Privacy Act's requirement that Plaintiffs show actual damages does not require pecuniary harm but can be met by a showing of emotional distress. Am. Fed'n of Gov't Employees v. Hawley, D.D.C., No. 07-00855, 3/31/08.

Substantive Tags: privacy
Free tags: Privacy Act

FCC Chairman Martin's Remarks

by Lauren Gelman, posted on March 8, 2008 - 2:32pm.

Audio from Chairman Martin's remarks at the Legal Futures Conference March 7, 2008.

Substantive Tags: infrastructure

Statmats Presentation

by Lauren Gelman, posted on November 9, 2007 - 9:40am.

Powerpoint presentation on Legal Issues on Social Network Platforms November 9, 2007 in San Diego.

Apply to Be a CIS Non-Residential Fellow

by Lauren Gelman, posted on June 5, 2007 - 8:47am.

The Center for Internet and Society is now accepting applications for the 2007-2008 Non- Residential Fellowship Program.

CIS Non-Residential Fellows work independently and with CIS staff and faculty on projects related to CIS' mission. These non-supported fellowships allow practitioners to benefit from synergies with Stanford Law School in their scholarly research. Non-Residential Fellows are encouraged to make their work available through CIS and to present their work at the CIS Speaker Series.

This fellowship is particularly appropriate for individuals who are interested in studying a cyberlaw issue or working on a cyberlaw project that is outside the scope of their usual work and who would benefit from the affiliation with and support of Stanford CIS. Applicants must submit a specific research proposal which they plan to accomplish during the one- year fellowship. While fellowships are generally for one year, they may be renewed if the collaboration proves productive and would benefit from additional time.

Applications will be accepted until August 4th and are *only* accepted through the CIS website.

Spend an hour in a virtual world this week

by Lauren Gelman, posted on May 7, 2007 - 12:41pm.

Join us for a conversation at State of play academy.

All you need to do is:
(1) download the software. (only works on PC or PC emulator-- like Mac running bootcamp)
(2) Register an avatar and upgrade to voice or use a generic one listed at the end of this email.
(3) Log in and IM me and I'll "summon" you to our teaching location
(4) To be able to speak (instead of just type Questions, comments, etc) you need a headset.

Please contact me if you need help logging in.
gelman at stanford dot edu

----

Classes

Public disclosure and the Fourth Amendment
Monday, 7 May (03:00 PM » 04:00 PM)
http://stateofplayacademy.com/

This class will discuss the "third party doctrine" established in the cases of US v. Miller and Smith v. Maryland.

Jennifer Stisa Granick joined Stanford Law School in January 2001, as Lecturer in Law and Executive Director of the Center for Internet and Society (CIS).

Revolving Door No More: Inevitable Disclosure and Its Potential Impact on Technological Public Infrastructure
Tuesday, 8 May (11:30 AM » 12:30 PM)
David Levine

I will argue, in sum, that trade secrecy's inevitable disclosure rule must be narrowly construed in the context of public infrastructure projects, especially if the government attempts to utilize such rights.
David Levine is a Resident Fellow at the Center for Internet and Society at Stanford Law School (and a huge supporter of SOPA!)

Indirect Enforcement of the Intellectual Property Clause
Tuesday, 8 May (01:00 PM » 02:00 PM)
Associate Professor Chris Sprigman, UVA Law School

Indirect application respects Congress's lawmaking primacy and its lead role in elucidating the boundaries of its power under the Intellectual Property Clause. But it preserves an important - albeit ultimately not decisive - role for courts in determining what those boundaries are. And most importantly, it allows both courts and Congress to do what they do well

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=969999&high=%20sprigm...

Chris Sprigman is an Associate Professor at the University of Virginia School of Law, where he teaches intellectual property law, antitrust law, competition policy, and comparative constitutional law.

Election 2008 and the Remix Culture
Friday, 11 May (12:00 PM » 01:00 PM)
Things you can and cannot do when creating your own campaign ads or when covering the election.

Lauren Gelman is Dean of State of Play Academy and the Associate Director of the Center for Internet and Society at Stanford Law School.

State of Play Academy Spring Semester

by Lauren Gelman, posted on April 20, 2007 - 8:51am.

I am delighted to announce the State of Play Academy (SOPA) Spring Semester will start Monday April 23 2007 and run thru June 8, 2007. SOPA is a virtual space for conversations about law and technology located in There.com.

We are offering conversations in three tracks:

* Paper Workshops- presentations by scholars of papers related to law and technology.
* Issue Conversations- group discussions of current events and emerging issues in law and technology.
* How-to’s- practical advise on all sorts issues that confront ordinary Internet users.

More information, including how to log on and participate in SOPA classes at StateofPlayAcademy.com

We will be adding more classes as the semester progresses. I will add them to the website and post them on our blog. You can also join our mailing list to get regular updates to our schedule.

Please let me know if you are interested in leading one of our conversations this semester as I have some slots available.

Web 2.0 Expo: User Generated Content and Privacy

by Lauren Gelman, posted on April 16, 2007 - 8:15am.

Attached is my power point presentation from the Web 2.0 Expo on user generated content and privacy

Substantive Tags: privacy
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Executive Director of Stanford Law School's Center for Internet and Society (CIS)

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