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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

First Application of Google Spain by a National Court in Europe: the Right to be Forgotten Gets Reduced in the Netherlands

Recently, a European national court applied for the first time the Google Spain ruling of the European Court of Justice (“ECJ”). The Court of Amsterdam dealt with one of the “right to be forgotten” requests that Google refused to comply with by rejecting the claims of the plaintiff and reinforcing the role of freedom of speech. Read more » about First Application of Google Spain by a National Court in Europe: the Right to be Forgotten Gets Reduced in the Netherlands

“Tool Without A Handle” “Justified Regulation (Part 2 – Privacy)

This blog draws a basic distinction - between “privacy” questions on one hand, and “fairness” questions on the other. I believe the “privacy” conversation is not well served when we fail to carefully distinguish “privacy” and “fairness” issues. Moreover, for much of current privacy law and policy, the debate is not really about privacy (solitude or a "right to be let alone") so much as it is about “fairness." Read more » about “Tool Without A Handle” “Justified Regulation (Part 2 – Privacy)

Italian Constitutional Court to Decide Whether Administrative Enforcement of Online Copyright Infringement is Constitutional

A few days ago, an Italian administrative Tribunal referred to the Italian Constitutional Court a question regarding the constitutionality of the Italian Communication Authority's ('AGCOM') Regulation on Online Copyright Infringement (“Regulati Read more » about Italian Constitutional Court to Decide Whether Administrative Enforcement of Online Copyright Infringement is Constitutional

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