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Second Circuit Victory for Richard Prince and Appropriation Art

Today the Second Circuit Court of Appeals issued a long-awaited decision in favor of fair use in Cariou v. Prince. Reversing the district court’s finding of infringement, the Court held that Richard Prince’s use of Patrick Cariou’s photographs in 25 of his 30 Canal Series paintings was a fair use. The decision affirms an important tradition in modern art that relies on the appropriation of existing images to create highly expressive works with new meaning.

CISPA 2.0 Likely Stalled in Senate

According to a US News report, a spokesperson for the U.S. Senate Committee on Commerce, Science and Transportation suggests that the Senate will not take up CISPA 2.0 and instead will work towards breaking it up into separate bills.  The article also quotes Committee chairman Senator Jay Rockefeller (D-WV) confirming what many of us have been saying: that CISPA 2.0's privacy protections "were insufficient."

CISPA 2.0 Clears The House: Outcome Hazy

As expected, CISPA 2.0 passed the House of Representatives yesterday and the various privacy protections sought through amendments were dropped.  Although much has and will continue to be written about the merits (or lack thereof) of the bill -- especially its infamous "notwithstanding any other provision of law" clause -- I think this also provides opportunity to comment more generally upon the nature of modern American lawmaking pertaining to cybersecurity.

"Brain Spyware"

As if we don’t have enough to worry about, now there’s spyware for your brain. Or, there could be. Researchers at Oxford, Geneva, and Berkeley have created a proof of concept for using commercially available brain-computer interfaces to discover private facts about today's gamers.

Letter to Goodlatte Criticizes CFAA Anti-Reform Language

I am a signatory to a letter to Rep. Robert Goodlatte and other legislators critiquing draft legislation reportedly slated for consideration this month that would amend the Computer Fraud and Abuse Act (CFAA) by increasing penalties and expanding the scope of conduct punishable under the statute. The letter points out that the draft under discussion is a significant expansion of the CFAA at a time when
public opinion is demanding the law be narrowed. This language would, among other things:

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