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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.

Stanford Researchers Seek Court Documents Ordering Companies to Help Government Defeat Encryption

Researchers at the Stanford Center for Internet and Society (CIS) filed a petition yesterday seeking to unseal judicial records in San Francisco federal district court. Their goal is to reveal how the federal government uses U.S. law to obligate smartphone manufacturers and Internet companies to decrypt private user data, turn over encryption keys, or otherwise assist law enforcement with digital surveillance.

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.

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