The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
On Monday, I wrote a post for Just Security where I reflected on last week's news concerning the FBI's attempts to coerce Apple into creating a forensic bypass to the iPhone passcode lockout. I wrote that we live in a software-defined world. In 2000, Lawrence Lessig wrote that Code is Law — the software and hardware that comprise cyberspace are powerful regulators that can either protect or threaten liberty. A few years ago, Mark Andreessen wrote that software was eating the world, pointing to a trend that is hockey sticking today. Software is redefining everything, even national defense.
The Director of the FBI has made an emotional appeal to get support to compel Apple to crack its own security to provide access to the locked phone it seized from the deceased San Bernadino terrorist.
The government filed a brief today to compel Apple to circumvent its standard security features on the iPhone the government recovered from San Bernadino terrorist Syed Farook. The government argued that the All Writs Act (AWA) authorized the court to require Apple to provide such technical assistance because the AWA has not been limited by Congress and “there is no statute that specifically addresses the issue of Apple’s assistance.” Motion, p. 22. The government questioned Apple's motives for refusing to cooperate and stated that it was not burdensome for Apple to do even if it had to write some software to do comply.
Last week, The Washington Post reported that the US and the UK were in negotiations to permit UK law enforcement agencies to request stored communications like email and chats directly from US-based providers like Facebook and Google. What’s more, the UK apparently wants these companies to be able to perform wiretaps as well.
The rapid growth of embedded computing and the “Internet of Things” (IoT) have been felt in many industries and areas, but few organizations and jurisdictions have been affected as quickly and as deeply as cities. The emergence of “smart cities” – those cities that “…integrate cyber-physical technologies and infrastructure to create environmental and economic efficiency while improving the overall quality of life” –
E. TV Networks has filed copyright infringement claims in federal district court against Google and sixteen YouTube users. The targeted users sent DMCA counter-notices to YouTube following E. TV’s requested takedowns of videos containing copyrighted material from performances by rapper Chief Keef. The users named in the case come from countries around the world, including the UK, Poland, and Mexico, in addition to the United States.
"No digital trespassing! Violators will be sued. Survivors will be sued again!" Ever seen that sign? Not likely. That's because, technically, there is no law against digital trespassing per se. This occurs when your grandma's new universal remote control climbs over, figuratively speaking, the encryption security fence on copyrighted content, such as the software to her old garage opener, so as to enable communication between the new control and old garage door opener.