Lauren Gelman's blog

Evidence of the need for Network Neutrality

Stanford Law student Dana Powers points me to this Washington Post article where BellSouth is asking for the right to regulate quality of service on their network by discriminating based on what website (or other online service) customers are accessing. Not only do they want Yahoo to pay to have their webpage load faster than Google, but (more important) they also want Internet Phone services (VOIP) to pay for service levels that can compete with BellSouth's own service. Read more about Evidence of the need for Network Neutrality

Wash Int Daily

November 28, 2005- "Search Query Use in Murder Case Spawns Privacy Concerns" in Washington Internet Daily. Juries can give too much weight to digital evidence, Stanford Center for Internet & Society Assoc. Dir. Lauren Gelman told us. She said Petrick's search results can only be meaningful when combined with evidence that's more direct. The Petrick case is important because it "demonstrates a record of interaction in the world because of digital technology," said Gelman: "A lot of people don't know the trail they're leaving." Read more about Wash Int Daily

Tim Wu

Tim Wu
Professor, Columbia University

Monday November 28, 2005
12:30-1:30 PM
Room 280A
Stanford Law School
Open to All
Lunch Served Read more about Tim Wu

If you're "just complying with local law,"-- you better make sure there actually is a law!

Verso Technologies announced their first big deal for their skype-blocking software-- they are selling it to China. They claim that they are just helping Chinese telecom companies comply with local law (where have we heard that before?)

According to Verso, as reported in a great piece by Thomas Mennecke: Read more about If you're "just complying with local law,"-- you better make sure there actually is a law!

Bridging the Benevolent King and the Will of the People

I've been thinking quite a bit about forms of government lately. The current 'hot' debate in political theory asks how to reconcile people's increased expectation that elected officials actions reflect majority viewpoints with the founder's fear of a direct democracy where decisions were made without the 'filter' of deliberation. In other words-- Gallup and his progeny (and referenda, etc.) have bridged the gap between the people and policymaking. Read more about Bridging the Benevolent King and the Will of the People

Court Denies Preliminary Injunction in Domain Name Trademark Case

This is a recently published opinion in a trademark case involving a dispute over the use of the name “Jupiter Hosting” by Santa Clara, California-based Internet firm Jupiter Hosting, Inc. The name “Jupiter Hosting” is similar to the trademark “JUPITER” registered with the U.S. Patent and Trademark Office (PTO) by Jupitermedia Corporation, an Internet research company based in Darien, Connecticut. On May 7, 2004, Jupiter Hosting filed a complaint in U.S. Read more about Court Denies Preliminary Injunction in Domain Name Trademark Case

Michigan Federal District Court grants preliminary injunction to block enforcement of statute against exposure of violent video

In an action brought by three video game businesses, the United States District Court for the Eastern District of Michigan preliminarily enjoined the enforcement of a portion of Michigan 2005 Public Act 108 (the “Act”), which prohibited “the dissemination, exhibit[ion], or display of certain sexually explicit and ultra-violent explicit video games to minors without the consent of their parents or guardians.” The Court held that the defendants, officials of the State of Michigan, were unlikely to succeed on the merits and, should the statute be enforced, irreparable harm would follow from Read more about Michigan Federal District Court grants preliminary injunction to block enforcement of statute against exposure of violent video

Radio Interference Constitutes Violation of Computer Fraud and Abuse Act (CFAA)

The city of Madison, Wisconsin uses a computer-based radio system for police, fire, ambulance and other emergency communications. The radio system spreads transmissions across 20 frequencies, one of which is reserved as a control channel for initiating conversations. On multiple occasions between January and August 2003, mobile radio units in Madison mysteriously malfunctioned, and on Halloween of that year the city’s entire radio system went down because a powerful signal blanketed the city and prevented communications over the control channel. Read more about Radio Interference Constitutes Violation of Computer Fraud and Abuse Act (CFAA)

New York Can Tax 100% of Tennessee Telecommuter’s Income

The United States Supreme Court recently denied certiorari for a Court of Appeals of New York case holding that New York could tax 100% of the income of a Tennessee resident who telecommuted from Tennessee for a New York employer 75% of the time, and was only physically present in New York 25% of the time. The Plaintiff sought Supreme Court review under 28 U.S.C. Section 1257(a) because of the constitutional questions involved in the case. Read more about New York Can Tax 100% of Tennessee Telecommuter’s Income

Board rejects “technological arts” test for process patents

The Board of Patent Appeals and Interferences addressed whether there was a separate “technological arts” test aside from the statutory subject matter test used to decide if an invention is eligible for patent protection. The pending patent application was for a method of compensating a manager who controls operations of a firm for the purpose of reducing the degree to which prices exceed marginal costs in an industry. The issue was whether the method was a process that could be excluded from patent protection. Read more about Board rejects “technological arts” test for process patents

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