Publications

First Amendment and FX Triumph in “Feud” Right of Publicity Case

Author(s): 
Daniel Nazer
Publication Date: 
March 26, 2018
Publication Type: 
Other Writing

In a big win for free speech, the California Court of Appeal has rejected Olivia de Havilland’s right of publicity and false light claims against FX. The court’s ruling [PDF] explains that the First Amendment protects creative works about celebrities whether the work in question is fact, fiction, or a combination of both. While Hollywood will breathe a sigh of relief, the ruling should also protect other speech by ensuring that right of publicity claims are subject to meaningful First Amendment limits.

How Self-Driving Car Policy Will Determine Life, Death and Everything In-Between

Author(s): 
Brett Frischmann
Publication Date: 
March 23, 2018
Publication Type: 
Other Writing

Self-driving cars are here. More are on their way. Major automakers and Silicon Valley giants are clamoring to develop and release fully autonomous cars to safely and efficiently chauffeur us. Some models won’t even include a steering wheel. Along with many challenges, technical and otherwise, there is one fundamental political question that is too easily brushed aside: Who decides on how transportation algorithms will make decisions about life, death and everything in between?
 

Who’s at Fault in Uber’s Fatal Collision?

Author(s): 
Patrick Lin
Publication Date: 
March 22, 2018
Publication Type: 
Other Writing

This is a guest post. The views expressed in this article are solely those of the author and do not represent positions of IEEE Spectrum or the IEEE.

Most lawyers don’t understand cryptography. So why do they dominate tech policy debates?

Author(s): 
Henry Farrell
Publication Date: 
March 15, 2018
Publication Type: 
Other Writing

On Wednesday, the Trump administration appointed the renowned computer science professor Ed Felten to the Privacy and Civil Liberties Oversight Board (PCLOB). This is the first time that a nonlawyer has been appointed to the board, even though it has oversight responsibilities for a variety of complex technological issues.

New Bill That Would Give Foreign Governments a Fast Track to Access Data

Author(s): 
Jennifer Granick
Publication Date: 
March 13, 2018
Publication Type: 
Other Writing

For decades, U.S. policies on international data sharing have balanced privacy, principles of comity (respect for the jurisdiction of other countries), and respect for Congress’ power to regulate foreign affairs. Foreign countries seeking data held by U.S. companies generally must follow a process laid out in Mutual Legal Assistance Treaties, or MLATs, which are agreements between governments that facilitate cooperation in investigations. Increasingly, however, countries have complained that the MLAT process in the U.S. is slow and that it allows the U.S.

The EWI Encryption Report: Stop Trying to Sell Me a Shoebox

Author(s): 
Riana Pfefferkorn
Publication Date: 
March 7, 2018
Publication Type: 
Other Writing

Which would you prefer: keeping your valuables in a locked safe, or keeping them in a shoebox and trusting that everyone will adhere to laws against theft and their concomitant penalties? Most, if not all, of us will choose the former. That’s so even if we realize that safe-crackers may ultimately find a way someday to bust open even the most top-of-the-line safe currently on offer.

Donald Trump says trade wars are ‘good, and easy to win.’ He’s flat-out wrong

Author(s): 
Henry Farrell
Publication Date: 
March 2, 2018
Publication Type: 
Other Writing

In a tweet Friday, President Trump said that trade wars were “good, and easy to win.”

Trump’s argument is causing turmoil on stock markets. It is also based on a fundamental misunderstanding of how trade works. Here’s what you need to know.

Trade has benefits — even when you are running a trade deficit

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