Publications

U.S. Copyright Office Section 512 Study: Comments in Response to Second Notice of Inquiry

Author(s): 
Annemarie Bridy
Daphne Keller
Publication Date: 
February 23, 2017
Publication Type: 
Regulatory Filing

These comments were prepared and submitted in response to the U.S. Copyright Office's November 8, 2016 Notice of Inquiry requesting additional public comment on the impact and effectiveness of the DMCA safe harbor provisions in Section 512 of Title 17

Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition

Author(s): 
Morgan Weiland
Publication Date: 
February 22, 2017
Publication Type: 
Academic Writing

Abstract

Though scholars have identified the expanding scope of First Amendment speech doctrine, little attention has been paid to the theoretical transformation happening inside the doctrine that has accompanied its outward creep. Taking up this overlooked perspective, this Article uncovers a new speech theory: the libertarian tradition. This new tradition both is generative of the doctrine’s expansion and risks undermining the First Amendment’s theoretical foundations.

Eavesdropping on Flynn was the legal, obvious intelligence move

Author(s): 
Jennifer Granick
Publication Date: 
February 16, 2017
Publication Type: 
Other Writing

Does the House Permanent Select Committee on Intelligence understand intelligence gathering?

After all, that committee is charged with oversight over the United States’ vast surveillance bureaucracy. And yet, comments from the chair of the committee, Rep. Devin Nunes (R-Calif.), suggest that he is unclear on the concept.

Resisting the Resistance: Resisting Copyright and Promoting Alternatives

Author(s): 
Giancarlo Frosio
Publication Date: 
February 13, 2017
Publication Type: 
Academic Writing

This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has political implications that may provoke reactionary counteractions. Ultimately — as I have discussed elsewhere — resistance to the Digital Revolution can be seen as a response to Baudrillard’s call to a return to prodigality beyond the structural scarcity of the capitalistic market economy.

Should cybersecurity be a human right?

Author(s): 
Scott Shackelford
Publication Date: 
February 13, 2017
Publication Type: 
Other Writing

Having access to the internet is increasingly considered to be an emerging human right. International organizations and national governments have begun to formally recognize its importance to freedom of speech, expression and information exchange. The next step to help ensure some measure of cyber peace online may be for cybersecurity to be recognized as a human right, too.

Right to Be Forgotten: Much Ado About Nothing

Author(s): 
Giancarlo Frosio
Publication Date: 
February 9, 2017
Publication Type: 
Academic Writing

In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, intermediaries have become a main focus of privacy regulations, especially in jurisdictions with a strong tradition of privacy protection such as Europe. In a landmark case, the ECJ ruled that an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties.

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