Surveillance State

With the recent news of the ham-fisted filtering of Wikipedia for over 95 percent of British Internet users by an unelected and unaccountable industry/government hybrid body, it seems like a good time to turn our attention to the issue of the fight against child pornography here in the U.S., and in particular, the freedoms we are willing to hand over along the way.

In this blog post, I will argue that the the time has come for President-elect Barack Obama to appoint a child pornography czar, whose office can take over the tasks currently performed by the powerful … Read more

See my full write-up of all of the other DMCA requests here.

When a digital rights management-based music, video, or software product shuts down, as has happened in the past with Microsoft, Google, Yahoo and Wal-Mart Stores, one thing is guaranteed: customers lose legal access to works for which they paid.

Existing copyright law makes it a crime to attempt to circumvent DRM protections, even on legally purchased music, and so consumers are generally dependent upon the failing media store to provide some remedy--perhaps a refund, or a temporary delay of a few months in the death of the DRM-authenticating … Read more

For copyright activists, Christmas comes but once every three years: a chance to ask Santa for a new exemption to the much-hated Digital Millennium Copyright Act's prohibitions against hacking, reverse engineering, and evasion of digital rights management (DRM) schemes protecting all kinds of digital works and electronic items.

Judging from the list of 19 exemptions requested this year, some in the cyberlaw community are thinking big. (Disclosure: One of the DMCA exemption requests was submitted on behalf of this blogger by Harvard University's Cyberlaw Clinic.)The requests include the right to legally jailbreak iPhones to use third-party software, … Read more

The MySpace suicide case concluded last week, with the jury finding Lori Drew guilty of three misdemeanor counts of gaining unauthorized access to the popular social-networking site.

While most of the press attention has been focused on the specifics of the case, the more important issue is the potential impact this could have on the Internet in general.

Web site terms of service, which end users universally ignore, suddenly have teeth: violating them is a federal hacking offense, punishable with jail time. The days of being able to freely lie on the Web could be coming to an end. This … Read more

Update at 9:30 a.m. PST: Video audience figures have been updated.

President-elect Barack Obama has now posted his second weekly address to YouTube, and it has already gotten more than 411,000 views. A week ago, I criticized the use of YouTube by Obama's transition team, calling it a no-bid giveaway to the Google-owned video-sharing site.

The solution I called for then--the adoption of BitTorrent as the official distribution platform for Change.gov--was, admittedly, a pipe dream.

In this post, I'll explain why the government needs to step up and host its own videos and why … Read more

How far does President-elect Barack Obama take his commitment to transparency? Is it a serious pledge to shake up Washington, to apply sunlight to the often shadowy depths of the executive branch, or is it merely a very good marketing campaign?

In the past few days, the public has received some seriously mixed signals on the issue--his decision to use YouTube to speak to the American people, and then press reports indicating that he may give up e-mail as president to avoid oversight.

On Saturday morning, Obama's first video address to the people was posted to YouTube. A copy … Read more

Calling for the separation of Google and State.

The news that President-elect Barack Obama will be using YouTube to distribute his weekly "radio" address has been met by general fanfare among the digerati.

This might seem like a bold move--and compared with the relatively boring podcast MP3s of Bush's weekly speech hosted at Whitehouse.gov, it is. However, putting President-elect Obama's video podcasts on YouTube is hardly Change We Can Believe In.

By exclusively hosting his videos at YouTube, the Google-owned dominant player in the user-generated video industry, the Obama campaign has effectively issued its first … Read more

So much for change.

Telecom policy circles are a buzz with the news of Barack Obama's pick to head the Federal Communications Commission transition team. Obama is reported to have chosen lawyer and DC insider Henry Rivera, a former Democratic FCC commissioner, lobbyist, and currently a partner at communications law firm Wiley Rein.

Rivera is not currently registered as a lobbyist, but according to the Center for Responsive Politics, he lobbied for the Catholic Television Network in 2001. In his capacity as a lawyer, he has represented major wireless carriers, a local exchange carrier, and a major airline in … Read more

Question: You're a multibillion dollar tech giant, and you've launched a new phone platform after much media fanfare. Then a security researcher finds a flaw in your product within days of its release. Worse, the vulnerability is due to the fact that you shipped old (and known to be flawed) software on the phones. What should you do? Issue an emergency update, warn users, or perhaps even issue a recall? If you're Google, the answer is simple. Attack the researcher.

With the news of a flaw in Google's Android phone platform making The New York Times … Read more