Recent Changes

Wednesday, April 29

Tuesday, November 11

  1. page Code edited ... The book is an exploration into questions of regulation and liberty of the Internet from the p…
    ...
    The book is an exploration into questions of regulation and liberty of the Internet from the perspective of a constitutional lawyer. It looks at what regulation is, how regulation happen on the Internet and in code, and how the Internet brings a new realm for which the constitutional values have not yet been defined. For me, it was an interesting look into questions
    What is regulation?
    Regulability is the capacity of a government to regulate behavior within its proper reach.
    Examples of cyberspace activities and worlds where regulation has not yet been defined
    To regulate well, you need to know:
    Who someone is
    identity - someone's attributes (age, SS#)
    authentication
    credential
    Where they are
    What they are doing

    What are the forces that regulate behavior?
    Latent ambiguity in the US constitution as pertains to the Internet
    (view changes)
    9:14 am

Thursday, October 30

  1. page University of Kansas edited By Eric Bangeman | Published: July 20, 2007 - 12:33PM CT In response to the RIAA and MPAA's campa…
    By Eric Bangeman | Published: July 20, 2007 - 12:33PM CT
    In response to the RIAA and MPAA's campaign against file-sharing, the University of Kansas has announced a stringent policy for students found sharing copyrighted content on the university network. Students fingered for file-sharing would be kicked off of the residence hall network, although they would still be able to use campus computer labs.
    Related Stories
    RIAA launches propaganda, lawsuit offensive against college students
    Pass or fail? RIAA’s college litigation campaign turns one
    RIAA gets Does' names after school threatened with contempt
    Analysis: RIAA wants universities to do its dirty work
    A brief notice on the University of Kansas ResNet site explains the university's new position very succinctly. "If you are caught downloading copyrighted material, you will lose your ResNet privileges forever," reads the notice. "No second notices, no excuses, no refunds. One violation and your ResNet internet access is gone for as long as you reside on campus." Presumably, the University is referring to illegally downloaded copyrighted material, as there is plenty of copyrighted material that can be downloaded legally.
    Formerly, KU had a three strikes policy, but the new policy is one of the most stringent we have seen. Other schools have tightened their policies on copyright infringement since Big Content ratcheted up its fight against on-campus file-sharing. For one, Stanford University has made file-sharing a potentially very expensive proposition with its reconnection fees. First-time offenders will have to pay a $100 reconnection fee, with subsequent offenses assessed reconnection fees of $500 and $1,000. Along with the $1,000 fee, students will be referred to Judicial Affairs for disciplinary action after a third offense.
    Ohio University has taken a different approach to file-sharing, choosing to ban all P2P traffic from its network. Although it has had the effect of shutting down some of the file-sharing that occurs on its campus network, it has also had the effect of pushing some of the P2P traffic to darknets.
    A KU spokesperson told the Lawrence Journal-World that the increased number of takedown notices has led to the new policy. The school received 345 complaints in 2005, up from 141 the year before. "It's serious business. Students need to take notice," KU spokesman Todd Cohen told the Journal-World. Cohen also noted that the school had received 23 prelitigation settlement letters from the RIAA on the same day the new policy was announced.
    Another factor in KU's move may be recent rumblings from Congress. In May, Rep. Lamar Smith (R-TX) of the House Judiciary Committee issued an ominous warning to schools, telling them that they need to do something about piracy or Congress would be forced to act. "We want to know exactly what they plan to do to stop illegal downloading on their campuses," said Smith. "Universities have a moral and legal obligation to ensure students do not use campus computers for illegal downloading."
    The end result may be an expensive technological arms race between schools and technologically-savvy students. KU's new policy is likely to have the desired effect of discouraging most casual P2P users while driving towards darknets.

    (view changes)
    10:01 am
  2. page Free Culture edited RIAA defendant enlist Harvard Law professor and his students University of Kansas adopts one-st…

    RIAA defendant enlist Harvard Law professor and his students
    University of Kansas adopts one-strike policiy on copyrights download infringements
    (view changes)
    9:58 am
  3. page RIAA defendant enlist Harvard Law professor edited By Nate Anderson | Published: October 29, 2008 - 11:43AM CT Joel Tenenbaum, accused in August 200…
    By Nate Anderson | Published: October 29, 2008 - 11:43AM CT
    Joel Tenenbaum, accused in August 2007 of swapping seven songs on KaZaA, is mounting an unusual defense. First representing himself, Tenenbaum has now attracted the help of a Harvard Law professor and a class of cyberlaw students, and he is intent on taking the case to a trial. In a counterclaim against the recording industry, Tenenbaum's legal team argues that the entire RIAA "onslaught" is unconstitutional and that federal judges should impose serious limits on the group's legal campaign.
    Related Stories
    Schools take wait-and-see approach after Ohio U bans P2P traffic
    College funding bill passed with anti-P2P provisions intact
    RIAA sued for using illegal investigatory practices
    University of Kansas adopts one-strike policy for copyright infringement
    Professor Charles Nesson of Harvard Law (a founder of the prestigious Berkman Center for Internet & Society) has agreed to help Tenenbaum, and he has enlisted the help of students in his Fall 2008 course, "CyberOne: Law in the Court of Public Opinion." The group wants to do more than help Tenenbaum out of a tough spot; they want to challenge the underpinnings of the entire lawsuit campaign against the "born-digital generation."
    And if sensationalist language could win court cases, this one would be over. Nesson and his students defended their claims this week in a court filing in which they argued that the RIAA's lawsuits had "the ulterior purposes of creating an urban legend so frightening to children using computers, and so frightening to parents and teachers of students using computers, that they will somehow reverse the tide of the digital future."
    {http://media.arstechnica.com/news.media/nesson-04.jpg}
    Charles Nesson
    And that's just the warmup. The complaint goes on to ask: "Is the law just the grind of the statutory machine to be carried out by a judge and jury as cogs in the machine, or do judge and jury claim the right and duty and power of constitution and conscience to do justice"?
    The basic argument, stripped of this sort of fervid verbiage, is essentially threefold. First, the damage awards in these cases are simply excessive and violate the Constitution's 14th Amendment. Second, these are essentially criminal cases and Congress has unconstitutionally delegated prosecutorial power to a "private police force" (the music business). And, finally, because the cases are essentially criminal, they should not be tried under the standards of civil law.
    Nesson also objects more generally to the fact that the entire campaign appears targeted more at detterence of other than at actually punishing Tenenbaum for his alleged seven song downloads (hence the "urban legend" quote above).
    Even as this counterclaim against the RIAA is pursued, the case against Tenenbaum goes forward. In late September, he was deposed by recording industry lawyers, and he showed up to the meeting in a Red Sox T-shirt and a pair of sunglasses. His wardrobe prompted a tense exchange between Nesson and a music industry lawyer that was written up by one of the students who attended the deposition.
    The music industry lawyer "noted that Joel was the one being unduly harsh when he filed two separate motions for sanctions. As evidence of Joel’s supposed disrespect, he pointed out: 'Here is a kid who shows up in our office wearing a Red Sox T-shirt and sun glasses!' The decision was made to save that conversation for another day and continue the deposition."(Nesson also tweeted throughout the deposition.)
    Indeed, one gets the sense that "respect" is a commodity in short supply on both sides in the case. The case is currently scheduled for trial in December, where Tenenbaum will have the chance to seek "justice from judge and jury" as he faces the "onslaught the plaintiffs have imposed and are continuing to impose."

    (view changes)
    9:52 am
  4. page Free Culture edited RIAA defendant enlist Harvard Law professor and his students

    RIAA defendant enlist Harvard Law professor and his students
    (view changes)
    9:46 am

Thursday, October 23

  1. page BBC, Like a tsunami 20081023 edited {http://newsvote.bbc.co.uk/nol/shared/img/printer_friendly/news_logo.gif} BBC NEWS Financial cris…
    {http://newsvote.bbc.co.uk/nol/shared/img/printer_friendly/news_logo.gif} BBC NEWS Financial crisis 'like a tsunami'
    Please turn on JavaScript. Media requires JavaScript to play.
    Alan Greenspan says financial crisis is 'like a tsunami'
    Former Federal Reserve chairman Alan Greenspan has called the recent turmoil in the global financial markets a "once in a century credit tsunami".
    Speaking before Congress, Mr Greenspan, who stood down as Fed chairman in 2006, said the crisis had left him "in a state of shocked disbelief".
    He added that recovery in the US housing market was "many months" away.
    However critics said Mr Greenspan could have boosted regulation of the markets to help prevent the crisis.
    Regulation
    Mr Greenspan made the comments to the House of Representatives Committee on Oversight and Government Reform.
    The sickness afflicting the global financial economy has entered a new and worrying phase
    Robert Peston, BBC business editor
    Committee chairman Henry Waxman, a Democrat, suggested that Mr Greenspan had added to the problem by rejecting calls for the Fed to regulate the sub-prime sector and some complex, risky financial products.
    "The list of regulatory mistakes and misjudgements is long," Mr Waxman said.
    "Our regulators became enablers rather than enforcers. Their trust in the wisdom of the markets was infinite," he added, saying that the mantra became "government regulation is wrong".
    One of the main criticisms against Mr Greenspan was that he left interest rates too low for too long, thereby fuelling the housing boom - which later turned out to be unsustainable.
    However the former bank boss said he had made a "partially" wrong decision in thinking that relying on banks to use their self-interest would be enough to protect shareholders and their equity.
    He acknowledged that his approach had had a "flaw" that had been shocking "because I'd been going for 40 years or more with very considerable evidence that it was working exceptionally well.''
    Government efforts
    Mr Greenspan's comments come as significant uncertainty remains in global markets, amid fears that key economies have already entered a recession.
    Some share markets and currencies have been especially volatile, prompting intervention by governments to prop up banks and boost the financial sector.
    Recent developments include:
    Russia has moved to boost its currency in the wake of a sharp slide in oil prices and declines in foreign investments. In the past week gold and foreign reserves are down $15bn (£9.3bn)
    French President Nicolas Sarkozy on Thursday mooted setting up a state-run investment fund to help protect national firms and aid small firms in difficulty
    Sweden's central bank tried to boost its economy by cutting interest rates by half a percentage point to 3.75% and said it planned to make further cuts within six months
    Hungary unexpectedly increased its interest rate by three percentage points to 11.5% on Wednesday in a bid to boost its currency, the forint
    Earlier, some Asian indexes saw sharp falls, as investors worried about the prospect of a global recession.
    South Korea's Kospi index was down 7.4%, its lowest close since July 2005, while Hong Kong's Hang Seng index was down 4.7%, at its lowest level since April 2005.
    However, after a volatile session, the London FTSE 100 index ended up 1.16%, while France's Cac 40 rose 0.38% and Germany's Dax fell 1.13%.
    Taking flight
    South Korea is one of a number of countries that has recently seen a substantial withdrawal of capital as worried investors take their money out.
    The phenomenon, which is also affecting others nations including Hungary, Iceland and Pakistan, represents a new and worrying phase of the financial crisis according to the BBC's business editor Robert Peston.
    He says that we are seeing a massive flight of capital out of economies perceived to have been living beyond their means - either because they have a substantial reliance on foreign borrowings or because they are net importers of good and services, or both.
    Story from BBC NEWS:
    http://news.bbc.co.uk/go/pr/fr/-/2/hi/business/7687101.stm
    Published: 2008/10/23 20:23:41 GMT
    © BBC MMVIII

    (view changes)
    5:05 pm
  2. page 2008 Social Crisis edited ... Peoples opinions captured in new's blogs have been very active in ascribing personal/instituti…
    ...
    Peoples opinions captured in new's blogs have been very active in ascribing personal/institutional responsibility/accountability - basically "blaming"- for the crisis in multiple layers...what we can learn from people's assessments?
    There are many voices saying we are facing the end of an era...what is what the new era is opening?
    BBC/BBC/BBC/BBC: Like a
    NYT: Will a Crisis Create a Scandal? 20080921
    TE: A Nuclear Winter 20080922
    (view changes)
    5:02 pm
  3. page 2008 Social Crisis edited ... Peoples opinions captured in new's blogs have been very active in ascribing personal/instituti…
    ...
    Peoples opinions captured in new's blogs have been very active in ascribing personal/institutional responsibility/accountability - basically "blaming"- for the crisis in multiple layers...what we can learn from people's assessments?
    There are many voices saying we are facing the end of an era...what is what the new era is opening?
    BBC/BBC/BBC/ Like a tsunami 20081023
    NYT: Will a Crisis Create a Scandal? 20080921
    TE: A Nuclear Winter 20080922
    (view changes)
    5:01 pm

Monday, October 20

  1. page Code edited Code 2.0 The book is an exploration into questions of regulation and liberty of the Internet fr…

    Code 2.0
    The book is an exploration into questions of regulation and liberty of the Internet from the perspective of a constitutional lawyer. It looks at what regulation is, how regulation happen on the Internet and in code, and how the Internet brings a new realm for which the constitutional values have not yet been defined. For me, it was an interesting look into questions
    What is regulation?
    Examples of cyberspace activities and worlds where regulation has not yet been defined
    What are the forces that regulate behavior?
    Latent ambiguity in the US constitution as pertains to the Internet
    What are the risks and the possibilities for action?

    (view changes)
    4:45 pm

More