Media

Quotes

Who Gets Priority on the Web? - Controlling Commerce and Speech

Source: The New York Times

8/10/2010

Tim Wu: "The greatest danger of the fast lane is that it completely changes competition on the net. The advantage goes not to the firm that's actually the best, but the one that makes the best deal with AT&T, Verizon, or Comcast."

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Who Gets Priority on the Web? - 'Neutrality' Is Hard to Define

Source: The New York Times

8/10/2010

Edward Felten: "The question is not whether we want to keep this open, neutral Internet --- we do, or should --- but whether government rulemaking can give us the result we want."

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Who Gets Priority on the Web? - An Impenetrable Web of Fees

Source: The New York Times

8/10/2010

Jonathan Zittrain sums up his thoughts: “In a medium in which so many of the giants were yesterday’s scrappy upstarts — eBay, Google, even the Web itself — it would be a travesty to freeze out the next round of innovation from odd corners by deploying an impenetrable web of contracts and fees.”

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Who Gets Priority on the Web? - Another Deregulation Debacle

Source: The New York Times

8/10/2010

Lawrence Lessig: “As much as anything else, the economic success of the Internet comes from its architecture. The architecture, and the competitive forces it assures, is the only interesting thing at stake in this battle over “network neutrality.””

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Amazon’s Prime Suspect

Source: The New York Times Magazine

8/6/2010

In an article that explores differential pricing through Amazon Prime, Joseph Turow, professor at the Univerity of Pennsylvania's Annenberg School for Communication, is quoted: "The flow of data about us is so surreptitious and so complex that we won’t even know when price discrimination starts. We’ll just get different prices, different news, different entertainment."

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Network Neutrality – Overgovernance in the Digital Age

Source: CED Magazine

8/1/2010

Christopher Yoo, Professor of Law and Communication at the University of Pennsylvania Law School, sums up the role of the FCC now and in the future in his written statement to Congress in 2008: “The vigor with which the FCC has pursued allegations of improper network management suggests that the regulatory structure may already be in place to ensure that consumers are both protected and able to enjoy the Internet’s tremendous promise in the future.”

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Network Neutrality – Overgovernance in the Digital Age

Source: CED Magazine

8/1/2010

One of the primary arguments offered by supporters of network neutrality is exemplified in remarks by Tim Wu, a Columbia Law School professor and one of the earliest voices in this debate. Based on his analysis of the future plans of broadband ISPs, Wu has consistently stated that these corporations will inevitably choose to use their control over the gateways to the Internet in a manner that squeezes more and more revenue from the content providers.

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The Corporate Deal to Control Your Internet

Source: The Seattle Times

8/1/2010

In an article about network neutrality, Columbia Law Professor Tim Wu has said that letting carriers choose favorites is "just too close to the Tony Soprano vision of networking: Use your position to make threats and extract payments. This is similar to the outlawed, but still common, 'payola' schemes in the radio world. If allowing network discrimination means being stuck with AT&T's long-term vision of the Internet," Wu concludes, "it won't be worth it."

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Jailbreak?

Source: NPR's "On the Media"

7/30/2010

“Here is an official of the United States government declaring that the activity by which you can use the phone however you like is legally protected. And that’s important.” Quote from Harvard Law Professor Jonathan Zittrain during a discussion of jailbreaking and the real-life implications of the DMCA exemption during NPR’s “On the Media.”

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Q&A: WikiLeaks and the Future of Whistleblowing

Source: The Wall Street Journal's "Digits" blog

7/27/2010

Harvard law professor Jonathan Zittrain discussed the impact of documents on the war in Afghanistan by WikiLeaks. "I think technology in general facilitates the flow of information from one place to the other. It’s pretty amazing that you have thousands of classified documents released at once, and the government seems implicitly aware that they can’t put the genie back in the bottle. The technology structure being used here is not very advanced; it’s very Web 1.0. The fact that it can be mirrored and remirrored makes a difference. But to actually get something out without being traced is still difficult."

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Answers to Questions About Internet Privacy

Source: The New York Times

7/26/2010

In the article, "Answers to Questions About Internet Privacy," Professor Paul Ohm of the University of Colorado School of Law responded to several questions from readers about safeguarding their online privacy. Here is one part of Professor Ohm’s response to a question about crafting legislation to provide discrimination protection. "History has taught us that the best time to enact a privacy law is immediately after somebody suffers a sensational, newsworthy privacy harm. When someone leaked Judge Robert Bork’s video rental records, Congress enacted the Video Privacy Protection Act. When a stalker tracked down and killed the actress Rebecca Schaeffer using D.M.V. records, Congress passed the Driver’s Privacy Protection Act. I wonder if the story of Stacy Snyder — the would-be schoolteacher denied a teaching degree because of a MySpace photo — is sensational enough to encourage legislatures to act."

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In a Partnership of Unequals, a Start-Up Suffers

Source: The New York Times

7/18/2010

Professor Josh Lerner of Harvard Business School was quoted in this article about a case of a partnership between a start-up and a big company gone bad. “What you want is the business equivalent of no-fault divorce. You want the ability to experiment, fail and disengage, and move on, to keep the innovation process moving forward.”

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The Digital Revolution in Children's Publishing

Source: Publishers Weekly

7/16/2010

Some publishers may think an exclusive right to publish a story in book form includes e-book rights, but they need to be careful. "Where there is a real ambiguity in the language, courts do put a thumb on the scale in favor of the author," says Paul Goldstein, a Stanford law professor who specializes in copyright. "It's risky because we're dealing with contracts that go back to a time well before anyone thought about this." Under the Copyright Act, a reproduction right permits "the right to make a literal copy," which could be electronic or print, says Goldstein. To alter a book and turn it into a movie, producers need to get a separate derivative right that deals with adaptations.

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What Are You Agreeing To When You Click 'Accept'?

Source: WBZTV.com

7/15/2010

Stanford law professor Mark Lemley says more and more Web sites are imposing contract language on users. He says, "the courts have upheld most of the terms and conditions in click-wrap agreements. We get by," he continues, "largely by ignoring the contracts that companies have written because we think 99 percent of the time they're not going to affect us. But when it does happen, then the courts have largely said tough luck! You signed the contract, you're stuck with it."

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Achieving Technological Citizenship in Developing Countries

Source: Suite101.com

7/15/2010

An article discussing the potential influence of technology on the education system in developing countries relates the following information from Harvard Law Professor Lawrence Lessig’s book, “Law and Other Codes of Conduct:” "Students are becoming slavishly addicted to socially interactive online networks, such as Facebook.” The book also offers, “The Internet’s architecture constrains and governs a person’s behaviour as well as the way it interacts with other persons in society. Through these online social networks, students renew and sustain their community ties, access selective information, and find a sense of belonging, meaningful support, and social identity.”

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Economist Debates: Industrial Policy

Source: The Economist

7/12/2010

Professor Josh Lerner of Harvard Business School defended the motion: "After many failed government attempts to save declining, zombie businesses—whether steel or textiles or shipbuilding—thankfully hardly anyone these days believes in bailing out losers. The acceptable face of government intervention now is to try to catalyse the growth of brand new industries."

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Bilski Ruling: The Patent Wars Untouched

Source: The New York Times

6/28/2010

Professor Josh Lerner of the Harvard Business School commented on the Bilski decision in The New York Times article: “The court is certainly not shutting the door on business method patents, as some thought it might. This preserves a fair amount of ambiguity."

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Facebook Changes Idea of ‘Too much information’

Source: Mercury News

6/26/2010

In an article about Facebook and privacy, Chris Hoofnagle, Director of the UC Berkeley School of Law's Center for Law and Technology, is quoted: "But some people, others point out, may live to regret the way a moment of indiscretion can come back to haunt them, in ways they may have never imagined. A case of herpes can inspire a lawsuit — and a comment on Facebook could wind up as evidence in court."

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Not an Easy Call

Source: The New York Times

5/26/2010

Professor Edward W. Felten of Princeton University provided an opinion piece to The New York Times question: should the government take on Facebook? "Yet despite the flaws of notice-and-consent, it’s hard to see an alternative regulatory model that looks better. One approach is for government to create default rules — such as allowing Facebook to share information only with the user’s friends — and require strong user consent to deviate from them. This might work for a single type of service, but it’s unlikely that government will be able to keep up with the ever-growing variety of services."

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Google: Sure, It's Big. But Is That Bad?

Source: The New York Times

5/21/2010

In an article exploring possible antitrust issues with Google's business practices, Professor Tim Wu of Columbia University is quoted: “They are not just on the radar screen. They are at the center of it. If you are in the federal government and are interested in antitrust, you are looking at Google.”

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Court Rules That File-Sharing Service Infringed Copyrights

Source: The New York Times

5/12/2010

Professor Jonathan Zittrain, co-founder of the Berkman Center for Internet and Society, is quoted in this New York Times article: "The ruling did not appear to consider the technology itself as illegal, only the promoting and encouraging of illegal uses of that technology..." Also: "If you’re coming real close to flying the Jolly Roger as a business, you can expect to be in legal trouble"

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Finding the Right Balance on Gene Patents

Source: Financial Times

5/10/2010

In an article written for the Financial Times, Professor Richard Epstein discusses patent protection. "Let the BRCA gene cases be decided on narrow grounds one way or the other. Under no circumstances should two atypical patents spell the doom of patent protection where it is so manifestly needed."

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Applause, Please, for Early Adopters

Source: The New York Times

5/7/2010

In this New York Times article about how early adopters help the rest of us save money, Professor Jay Pil Choi of Michigan University describe early adopters as pioneers. "They, in a sense, provide valuable services to other consumers by their willingness to serve as a guinea pig." He added, "Their early purchase allows the firms to go down the learning curve and enables a lower price for other consumers."

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A Case for Kagan

Source: The Huffington Post

4/26/2010

In an essay published with The Huffington Post, Lawrence Lessig, Professor of Law at Stanford Law School, makes a case for Elena Kagan's US Supreme Court appointment. "She was strong and principled when it was within the scope of her role." "It's not enough to appoint someone who will cast the right vote. We need someone who will make majorities."

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Nudge Nudge, Wink Wink: Behavioral economics—the governing theory of Obama’s nanny state.

Source: The Weekly Standard

4/19/2010

An article on WeeklyStandard.com explores a presidential memorandum which aims to remake the methods by which the federal government regulates our homes, our offices, our roads --nearly everything. Among other things, Obama seeks to “clarify the role of the behavioral sciences in formulating regulatory policy.” This caught the attention of Joshua Wright of George Mason Law School. “Even if you discover a real cognitive bias,” Wright said last month, “there will be a good deal of variation within the population, based on cognitive ability and personality traits. And if the bias varies from person to person, you can’t assume that the bias will just ‘scale up,’ in a generalized way, when it’s in the marketplace. Thaler and Sunstein will take a single study of a hundred Duke undergrads and say, ‘Here’s what we found—and here are the public policy implications.’ That’s not scientific. That’s just sloppy.”

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Should Personal Texts From Work Devices Be Private?

Source: NPR's "Morning Edition"

4/15/2010

In an NPR report, Nina Totenberg reviews a case going before the U.S. Supreme Court next week that questions whether personal text messages are private when transmitted over an electronic device supplied by an employer. Quoted in this report is George Washington University law professor Orin Kerr: "Does the government violate your rights when they take those messages off the server, even though you're not the government employee? And what does that mean for the rest of us, who do have privacy rights, when the government wants to get copies of those communications?"

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Study: Young Adults Do Care About Online Privacy - Hoofnagle Quoted

Source: The Herald Online

4/15/2010

The Herald Online shares a report, from researchers at the University of California, Berkeley and the University of Pennsylvania, that is among the first quantitative studies looking at young people's attitudes toward privacy. "Yes, there are some young people who are posting racy photographs and personal information. But those anecdotes might not represent what the average young person is doing online," said Chris Hoofnagle, co-author of the study and director of information privacy programs at the Berkeley Center for Law and Technology.

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Study: Young Adults Do Care About Online Privacy - Turow Quoted

Source: The Herald Online

4/15/2010

The Herald Online shares a report that is among the first quantitative studies looking at young people's attitudes toward privacy. "But there is not enough research to find out (whether) older people do the same thing," said Joseph Turow, professor at Penn's Annenberg School for Communication. "Older adults, they may not show up naked, but they may be releasing other kinds of (personal) information."

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MasterCard Set to Open an Online Shopping Mall

Source: The New York Times

4/8/2010

MasterCard is getting into the predictive online marketing business. Professor Anita Allen of The University of Pennsylvania Law School commented about consumers giving up private information for short-term gains. “In the end, we turn into citizens who live in a world where we have no control over our own data.”

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Google, Yahoo and Others Use Online History to Target Advertising

Source: Mercury News

4/2/2010

An article by the Silicon Valley Mercury News discusses that Google, Yahoo and other major Internet advertising companies are developing new ways to tailor ads by tracking users' online history. Chris Hoofnagle of UC Berkeley's law school comments, "There is a real disconnect between business practices in this field and consumer expectations.”

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Privacy Concerns Force Netflix To Shelve New Contest

Source: MediaPost

3/12/2010

From MediaPost: Facing a consumer class-action privacy lawsuit and a Federal Trade Commission inquiry, Netflix is dropping its ill-conceived plan to release data about consumers as part of a new contest to improve its recommendation engine. Among the first to draw attention to the issue was University of Colorado law professor Paul Ohm, who publicly implored the company to changes its mind. "Researchers have known for more than a decade that gender plus ZIP code plus birthdate uniquely identifies a significant percentage of Americans (87% according to Latanya Sweeney's famous study)," Ohm wrote. He added that researchers will be able "to tie many people directly to these supposedly anonymized new records" even without birthdays.

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Monsanto is Focus of Agriculture Competition Meeting

Source: San Francisco Business Times

3/12/2010

From the San Francisco Business Times: Farmers and seed companies have complained about skyrocketing prices for Monsanto's genetically modified seeds. St. Louis-based Monsanto has said the price increases reflect the increasing quality of the seeds. Antitrust-law expert Keith Hylton, a professor at the Boston University School of Law, said prices for Monsanto’s seeds could go up because of supply declining or because of demand increasing. "Any investigation of price increases should look into both factors," he said. "But the productivity side of the equation cannot be left out."

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A New Chapter for Bankruptcy

Source: The New York Times

3/11/2010

"The problem is that our bankruptcy system is too difficult and expensive for the people who use it." In this op-ed piece in The New York Times, Professor Ronald Mann of Columbia Law School shares his proposal on reforming the US bankruptcy system. "Such a bold reshaping of the bankruptcy system would provide Americans immediate respite from crushing debt and the ceaseless emotional and financial pressure that comes with it. Then they could turn their attention to finding new jobs, moving into housing they can afford and caring for their families."

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Google Prepares to Stop Censoring in China

Source: The Wall Street Journal

3/10/2010

The Wall Street Journal reports: Google Inc. could stop censoring its Web-search results in China within weeks, said people familiar with the matter, but the company isn't likely to withdraw from the country entirely. Jonathan Zittrain, co-director of the Berkman Center for Internet and Society at Harvard University Law School adds, "It will likely have to locate the equipment and staff that run the site out of mainland China."

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Spulber: Google ‘beneficial to the cause of freedom’ in China

Source: The Daily Northwestern

3/5/2010

Prof. Daniel Spulber led a talk (March 4, 2010 at Northwestern University) about censorship in China and the recent hack of the country’s Google operating system. While Spulber said he has been critical of China’s policies regarding censorship, he acknowledged it was a part of their history. “Although there are great leaps in Chinese culture occurring, Mao (Zedong)’s legacy continues today,” Spulber said. “Google’s staying is beneficial to the cause of freedom. The more engagement we have with China, the more cooperation we will see in the future.” Spulber added, “I am very concerned about Google’s experience in China,” he said. “It highlights the importance of liberty without government controls on speech, dissent, assembly (and) privacy.”

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The Net Generation, Unplugged

Source: The Economist

3/4/2010

From The Economist: "Unlike those of us a shade older, this new generation didn’t have to relearn anything to live lives of digital immersion. They learned in digital the first time around," declare John Palfrey and Urs Gasser of the Berkman Center at Harvard Law School in their 2008 book, "Born Digital." The authors argue that young people like to use new, digital ways to express themselves: shooting a YouTube video where their parents would have written an essay, for instance.

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Publishers Urged to Change the Focus of the Copyright Debate

Source: Publishers Weekly

3/4/2010

Publishers Weekly states that publishers are losing the battle over copyright in the court of public opinion. Pamela Samuelson, director of the Berkeley Center for Law & Technology at UC/Berkeley, said "People are playing with content in new ways and publishers need to find ways to give them the products they can play with. She said publishers need to move away from the idea that they can exercise the same type of control over the content that they have been able to do in the past.

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Redrawing the Route to Online Privacy

Source: The New York Times

2/27/2010

In a New York Times article, policy and privacy experts agree that the relentless rise of Internet data harvesting has overrun the old approach of using lengthy written notices to safeguard privacy. -- Professor Lorrie Faith Cranor, Carnegie Mellon University, states, “When we go online, there are a lot of ways we can inadvertently give up our privacy.” -- Professor Edward Felton, Princeton University, wants to re-engineer the Web browser for greater privacy. A key, he says, is to alter the software’s design so that information about on-screen viewing sessions is kept separate and not routinely passed along so a person’s browsing behavior can be tracked. "The browser needs to be less promiscuous about revealing the information collected.”

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Can't Quote This

Source: NPR's "On the Media"

2/19/2010

Story from NPR: On the Media -- This week a federal judge heard arguments to determine whether to approve the settlement between Google and two major arms of the publishing industry over Google Books. Many groups used this week's hearings to air grievances with the project. Harvard Law professor Lawrence Lessig argues an unintended consequence of the settlement could alter print culture as we know it.

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Objectors Outnumber Supporters in First Half of Google Settlement Fairness Hearing

Source:

2/18/2010

At the hearing, speakers argued for and against the revised settlement agreement. Among the wide variety of viewpoints offered, University of California, Berkeley, law professor Pamela Samuelson reiterated her argument that academic and scholarly authors have goals that are very different than those of commercial authors.

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The Government's Role in Entrepreneurship

Source: The Guardian

2/3/2010

"If anything the demand for technological innovation is going to be greater in the years to come rather than less." In an interview with The Guardian, Josh Lerner, professor of investment banking at Harvard Business School, discusses the role of government in entrepreneurship and venture capital. The extended interview is available as a podcast.

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Globalization: Make Love Not War

Source: The Wall Street Journal

2/2/2010

"Militarism is negatively associated with trade," argue Daron Acemoglu of Massachusetts Institute of Technology and Pierre Yared of Columbia University in their recently published paper, "Political Limits to Globalization" (published by the National Bureau of Economic Research). Their findings are a reminder that peace is the soil that nourishes trade. The two economists compared the growth of trade between 1988 and 2007 and the growth of militarism over roughly the same time frame and found that countries that experience an above-average increase in military spending are likely to experience a below-average increase in trade.

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Marvel Acquisition to Cause Legal Issue?

Source: Digital Spy

2/2/2010

As reported in Digital Spy: Disney's $4 billion purchase of Marvel has put the firm at risk of antitrust complaints, according to legal experts. "What an antitrust regulator would be concerned about very clearly is the notion that Disney and Universal would be able to co-ordinate their activities in the theme park business," said Randal Picker, a commercial law professor at the University of Chicago. "You'd really want to be careful with this."

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Flash Of Criticism At FTC Privacy Roundtable

Source: Daily Online Examiner

1/28/2010

From the Daily Online Examiner: During the Federal Trade Commission's Privacy Roundtable (held on 1/28/10), Chris Hoofnagle, Director of the Berkeley Center for Law & Technology, mentioned that some companies had boasted that Flash cookies can be used for behavioral targeting because most consumers don't know enough to delete such cookies -- stored in a different place than traditional HTTP cookies.

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Last Chance to Opt Out of Google Book Settlement

Source: The Huffington Post

1/25/2010

As written in the Huffington Post: January 28 was the last day on which owners of copyrights in books... can opt out or object to the proposed settlement of the Google Book Search (GBS) class action lawsuit. University of California, Berkeley, law professor Pamela Samuelson, a critic of the deal, writes: "For what it's worth, I'm objecting to the settlement, not opting out. The more opt-outs there are, the less likely GBS is to achieve the lofty ambitions of being a universal digital library to make the knowledge in books more accessible to all. My objection is aimed at making the GBS deal fairer for academic authors whose books constitute a substantial majority of books in GBS."

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Underwater, but Will They Leave the Pool?

Source: The New York Times

1/23/2010

Taken from: The New York Times -- Eric Posner, a law professor, and Luigi Zingales, an economist, both from the University of Chicago, have made an interesting suggestion: Any homeowner whose mortgage is underwater and who lives in a ZIP code where home prices have fallen at least 20 percent should be eligible for a loan modification.

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What the Smart-erotti Are Saying About Citizens United

Source: The Wall Street Journal

1/22/2010

There are many comments and opinions about Thursday’s (1/21/10) Supreme Court ruling in Citizens United. "The Wall Street Journal" Law Blog has compiled many, including one from Professor Lawrence Lessig of Harvard School of Law. Professor Lessig summarizes his post with this: "Thursday’s decision by the Supreme Court denies to Congress the same institutional integrity enjoyed by the Court. The vast majority of Americans already believe that money buys results in Congress. This Court’s decision will only make that worse."

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Google Prepares for Its Next Steps in China

Source: The Wall Street Journal

1/21/2010

In an article from The Wall Street Journal. Observers said there's little chance Google will get its way. "I don't think it is likely that they could get a free pass for what they done in the past week," said John Palfrey, Professor of Law at Harvard University. Mr. Palfrey said the likelihood that Google will receive any licenses that could be necessary for it to sell ads to Chinese customers, even on its other properties, is slim. "I would be very surprised if the Chinese government gives Google carte blanche to sell its services, having snubbed its nose at the censorship regime."

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Forget The Envy Principle: Taxing banks and bankers won't bring small businesses back to life.

Source: Forbes.com

1/19/2010

Professor Richard Epstein, University of Chicago Law School, writes a weekly column for Forbes.com. In this week's column, he writes: For the sake of the long-term stability of the nation, we have to back off this feeding frenzy. Taxing banks and bankers won't bring small businesses back to life by sucking money and talent out of the banking system.

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Economic Chaos Predicted from Health Care Reform

Source: Kitsap Peninsula Business Journal

1/19/2010

Taken from: Kitsap Peninsula Business Journal: As Congress attempts to merge two national health care expansion bills, analysts are predicting that economic tumult and destruction will be among the results. "This financial squeeze will likely drive many insurers out of business," notes Richard Epstein, a law professor at the University of Chicago.

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A Third Way on Network Neutrality

Source: Multichannel News

1/18/2010

In an article published in Multichannel News, Professor Christopher S. Yoo, University of Pennsylvania, writes... "Last year, the Federal Communications Commission voted to continue the arduous task of creating new rules of the road for the ever-changing Internet. The stakes couldn’t be higher for 2010." And further into Professor Yoo's exploration of the issues, he states, "Instead, we need an architecture that allows ISPs to manage their networks intelligently and keeps the Internet open to everyone regardless of what they are doing."

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In War Against the Internet, China Is Just a Skirmish

Source: The New York Times

1/18/2010

"The New York Times" quoted Jonathan Zittrain, a director of the Berkman Center for Internet and Society and Professor of Law at Harvard University. Professor Zittrain said Google's move in China could encourage development of technologies to circumvent local restrictions. “My hope, and expectation, is that Google engineers who might have been a bit halfhearted about implementing censorship mandates in Google.cn could be full-throttle in coming up with ways for Google to be viewed despite any network interruptions between site and user,” Mr. Zittrain wrote on his blog: The Future of the Internet and How to Stop It

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Texting Is Changing the Language, Affecting Our Relationships and Widening the Generation Gap

Source: The Anniston Star

1/17/2010

"Texting has become the language of youth," says John Palfrey, author of "Born Digital: Understanding the First Generation of the Digital Natives" and Professor of Law at Harvard University. Only since the advent of unlimited plans has texting become what Palfrey calls a "cultural phenomenon." But many scientists, sociologists, cultural anthropologists and psychiatrists are scrambling to understand the long-term affects this trend will have. "As with any phenomenon, there is the worry of about what could be lost — social skills, face-to-face communication, etc.," says Palfrey. "There will be changes, but it's important not to presume it's all bad … just different." As quoted from the Anniston Star.

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To Post Or Not To Post?

Source: KCBS News Radio

1/13/2010

Presented on KCBS News Radio, San Francisco, CA: Professor Mark A. Lemley of Stanford Law School, discusses the ruling of whether to post video on the Internet from the Prop 8 trial: "Well we've seen a move in the last several years towards greater public accessibility of federal court trials. And I think this is part of that move so the surprising thing is not that Judge Walker initially allowed video to be posted. The surprising thing, in my view, is that the Supreme Court took enough of an interest to stay that order."

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Google, Citing Attack, Threatens to Exit China

Source: The New York Times

1/12/2010

“I think it’s both the right move and a brilliant one,” said Jonathan Zittrain, a legal scholar at Harvard’s Berkman Center for Internet and Society. Professor Zittrain was quoted in this New York Times article.

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China Enjoys a Burst of Internet Freedom as Great Firewall Falls -- Briefly

Source: Los Angeles Times

1/5/2010

"The government isn't showing any signs of giving up on censorship," said Jonathan Zittrain, co-founder of Harvard Law School's Berkman Center for Internet and Society. "If anything, they're innovating and exploring other avenues." Visiting professor Jonathan Zittrain was quoted in the Los Angeles Times on internet censorship in China.

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Epstein's Resolution for Failing State Governments: Deregulation

Source: Forbes.com

1/5/2010

Richard Epstein, Professor of Law at the University of Chicago publishes an opinion piece in Forbes.com. At this point, it won't work to reaffirm the deadly triumvirate that drives this misery: tax the rich, greater local control over real estate development and special privileges for organized labor. What's needed is to break from the past with some unimaginative, but necessary, New Year's resolutions in the areas of taxation, real estate and labor.

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Work the New Digital Sweatshops

Source: Newsweek

12/8/2009

This op-ed piece, by Harvard Law School Professor Jonathan Zittrain, appeared in Newsweek Magazine. "Invoking the current mania around cloud computing, where things your computer used to do now happen online, a new class of companies are promoting cloud labor. This new form of labor has begun to catch on in the post-financial-crisis world. It could create efficiencies and opportunities that economists hitherto could only dream of. It could also usher in a new era of digital sweatshops."

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Lawmakers Probe Deeper into Privacy

Source: Berkeley Center for Law and Technology

11/19/2009

House lawmakers stepped up their questioning of companies that collect and store information about consumers both on the Internet and in real life. Privacy advocates Chris Hoofnagle of UC Berkeley Law and Pamela Dixon of World Privacy Forum pointed to databases that store personally identifiable information about consumers--such as diseases and other afflictions--without consumers' knowledge.

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Soon, Bloggers Must Give Full Disclosure

Source: The New York Times

10/5/2009

Jonathan Zittrain, co-founder of the Berkman Center on Law Technology, says new rules may look ahead to the existence of a possible market to "buy" public endorsements.

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Berkman Center Study on Broadband Deployment

Source: Harvard University

10/16/2009

A major new study by Yochai Benkler and the Berkman Center for Internet & Society was released by the FCC for public comment as part of the National Broadband Plan process.

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Can Wireless Internet Be Made Neutral?

Source: Technology Review

9/30/2009

John Palfrey, co-founder of the Berkman Center on Internet and Society, thinks manipulation of bandwidths or ISP may affect free speech.

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Increasing Use of the Alien Torts Statute

Source: The National Law Journal

9/14/2009

Writing on his blog and in the National Law Journal, Russell Jackson provides his take on the growing use of the Alien Tort Claims Act, an issue that is being looked at closely by the Searle Center.

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"Innovation constantly surprises us and that's exactly what we should want."

Source: Business Week

6/22/2009

John Duffy, law professor at The George Washington University Law School, spoke with Business Week about the U.S. patent system. "Precisely because innovations break with the preconceptions of the past, the law should not rely on yesteryear's notions of technology."

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Press Releases

Public Knowledge Presents Seventh IP3 Awards to Samuelson, Crawford, Geist and Paley

Berkeley Center for Law & Technology

posted on 8/3/2010

Public Knowledge President Gigi B. Sohn announced that four winners have been chosen for the 2010 IP3 awards. This year, one of the awards will be given Pamela Samuelson for advancing advanced the public interest in one of the three areas of “IP” –Intellectual Property.

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Berkeley Declaration on Intellectual Property Enforcement and Access to Medicines

Berkeley Center for Law & Technology

posted on 8/3/2010

As public health groups, humanitarian and inter‐governmental organizations, experts and academics that work on access to medicines, we gathered at the University of California at Berkeley to analyze the serious threats that recent “intellectual property enforcement” initiatives pose to this right.We make this Declaration to call upon policy makers in governments and international organizations to reject the cynical and dangerous efforts that have been made through this agenda to prioritize commercial interests over the right to health.

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Annenberg’s Joseph Turow Testifies to U.S. Senate Commerce Committee

Center for Technology, Innovation, & Competition at The University of Pennsylvania Law School

posted on 7/28/2010

Professor Joseph Turow from the University of Pennsylvania’s Annenberg School for Communication addressed members of the United States Senate on July 27 regarding measures that would ensure the privacy of consumers, a sharp countermeasure to marketers who have sophisticated means of looking into private lives.

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Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I - III)

Berkeley Center for Law & Technology

posted on 7/19/2010

Major findings from the Berkeley Patent Survey—the most comprehensive survey to date in the United States, probably worldwide, on how patents are used by and affect entrepreneurs, startups, and early-stage high technology companies.

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Berkeley Law Survey Challenges Popular Beliefs About Hi-tech Start-up Patents

Berkeley Center for Law & Technology

posted on 6/22/2010

A new survey of high-technology entrepreneurs finds that patents provide less incentive to innovate than popularly believed, but offer tangible benefits by limiting competition, attracting financing, and increasing the chances of an acquisition or IPO.

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Kagan nominated to succeed Justice Stevens on Supreme Court

Harvard University

posted on 5/11/2010

Today, President Barack Obama ’91 announced that he will nominate former Harvard Law School Dean and current Solicitor General Elena Kagan ’86 to the seat vacated by retiring Justice John Paul Stevens on the United States Supreme Court.

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Towards Principles and Best Practices for Operating in the Cloud

Berkman Center for Internet & Society at Harvard University

posted on 5/7/2010

In conjunction with our Law Lab project, the Berkman Center is kicking off a new research initiative on cloud computing with the first in a year-long series of workshops aimed at exploring legal, policy, and regulatory issues associated with cloud computing.

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Understanding Youth, Privacy and Reputation

Berkman Center for Internet & Society at Harvard University

posted on 4/14/2010

The Berkman Center for Internet & Society is pleased to share our Youth and Media Policy Working Group Initiative's newest resource, an extensive literature review mapping out "what is currently understood about the intersections of youth, reputation, and privacy online, focusing on youth attitudes and practices"

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President Obama Selects Professor Allen for Key Bioethics Post

Center for Technology, Innovation, & Competition at The University of Pennsylvania Law School

posted on 4/8/2010

President Barack Obama announced his intent to appoint University of Pennsylvania Deputy Dean and Henry R. Silverman Professor of Law and Professor of Philosophy Anita L. Allen to the Presidential Commission for the Study of Bioethical Issues.

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Wireside Chat with Lawrence Lessig: Fair Use, Politics, and Online Video

Berkman Center for Internet & Society at Harvard University

posted on 2/25/2010

Lessig's talk will explore copyright in a digital age, and the importance of a doctrine like fair use for free expression on the Internet.

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Response to the FCC's Notice of Inquiry (09-94) on "Empowering Parents and Protecting Children in an Evolving Media Landscape"

Berkman Center for Internet & Society at Harvard University

posted on 2/24/2010

The Berkman Center for Internet & Society is pleased to share the Youth and Media Policy Working Group Initiative's response to the FCC's Notice of Inquiry (09-94) on "Empowering Parents and Protecting Children in an Evolving Media Landscape."

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Next Generation Connectivity

Berkman Center for Internet & Society at Harvard University

posted on 2/16/2010

On July 14, 2009 the Federal Communications Commission (FCC) announced that the Berkman Center for Internet & Society would conduct an independent expert review about broadband deployment and usage throughout the world and that this project would help inform the FCC's efforts in developing the National Broadband Plan. The Berkman Center's Final Report was submitted to the FCC on February 16, 2010.

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The National Law Journal Publishes Annual Law School Rankings, Northwestern Tops List

Searle Center on Law, Regulation, and Economic Growth at Northwestern Law

posted on 2/22/2010

Today The National Law Journal published its annual rankings of top law schools throughout the United States. Northwestern University School of Law topped the list, sending 55.9% of graduates to “top 250″ law firms.

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Lessig Receives Honorary Doctorate from University of Amsterdam

Harvard University

posted on 1/8/2010

Harvard Law School Professor Lawrence Lessig received an honorary doctorate from the University of Amsterdam on January 8 for his well-known efforts to foster informational and cultural liberty on the Internet.

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Stanford Law School Spins Off New Venture, Offering Commercial Access to Intellectual Property Legal Data

Stanford University

posted on 1/5/2010

Stanford Law School has announced the launch of a private venture in legal informatics called Lex Machina — the outgrowth of a research project called the Stanford Intellectual Property Litigation Clearinghouse (IPLC).

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Patent Bar Pushing Fogel For Federal Circuit

Program in the Law & Economics of Intellectual Property and Antitrust at Stanford Law School

posted on 1/4/2010

Lecturer in law and U.S. District Judge Jeremy Fogel and Professor Mark Lemley are mentioned in the Daily Journal as possibilities for the open seat on the Federal Circuit U.S. Court of Appeals.

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Information Privacy Law Jounal on SSRN

George Washington University Law School

posted on 1/4/2010

Berkeley Center for Law & Technology and The George Washington University Law School have co-sponsored a journal on SSRN titled Information Privacy Law.

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Hoofnagle to Testify

University of California, Berkeley

posted on 11/19/2009

The Berkeley Center for Law and Technology's Chris Hoofnagle testified before the House Energy and Commerce Subcommittees on Commerce, Trade, and Consumer Protection and Communications, Technology, and the Internet last Thursday, Nov. 19th.

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Berkman Announces Online Media Legal Network

Berkman Center for Internet & Society at Harvard University

posted on 11/19/2009

The Berkman Center's Citizen Media Law Project announced the public launch of a new pro bono initiatve that connects lawyers and law school clinics with online journalists and digital media creators.

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Searle Center Honored

Searle Center on Law, Regulation, and Economic Growth at Northwestern Law

posted on 11/19/2009

Searle Honored by U.S. Chamber Institute for Legal Reform

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Mark Lemley Named Lawyer of the Year

Stanford University

posted on 11/19/2009

Professor Mark Lemley, an expert in intellectual property law at Stanford Law School, is named San Francisco Intellectual Property Lawyer of the Year by Best Lawyers.

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