I submitted a comment to the California State Bar's Standing Committee on Professional Responsibility and Conduct (COPRAC) on its proposed amendments to the…
In Robert Penn Warren’s All the King’s Men, the author compares the law to a blanket. When used by a big family in the same bed, one family member tugs on the b…
On March 31, I gave a virtual guest lecture in Mailyn Fidler’s course “The Digital Fourth Amendment” at Harvard Law School. Prof. Fidler invited me to come talk…
Right Back at Ya The question remains: What were the principles behind Bill Gates" position on the Justice Department"s case against Microsoft? Indust…
The Limits of Copyright Our country"s founders put certain intellectual property rights into the Constitution. But they weren"t downloading software.…
A Letter to Bill The pivotal question in the Microsoft case is the principle of the right to innovate. What principles will Bill defend? Industry Standard, June…
In Search of Skeptics We need to be willing to think about the effects of regulation on the process of innovation. Industry Standard, April 17, 2000…
Battling Censorware Copyright law is limited by the Constitution. But when there are conflicts with the First Amendment, some courts lean the other way. Industr…
Cyberspace Prosecutor Before the courts race to join the content control freaks" chorus, they should pause to consider our national tradition. Industry Sta…
Patent Problems Every method of doing business in cyberspace by definition is instantiated in technology - code. Thus, every method becomes subject to a patent.…
The Net, Version 2000 Through code or through contract, business seeks to change the design of cyberspace to make it more commerce-friendly. Industry Standard,…
The Code of Cyberspace Congress should help artists get paid without delivering the Internet. The Internet will not cause the "withering away of the state.…
G-Rated Browsers Industry Standard, December 3, 1999…
Architecting Innovation The key to the Net"s extraordinary innovation is that it doesn"t allow a term like "allow." Industry Standard, Novem…
Filtering Content In this world where business regulates instead of government, what do we do when business goes too far? Industry Standard, October, 1999…