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Colloquium on Information Technology & Society
Organizer: Helen Nissenbaum
Administrator: Nicole Arzt
The Information Law Institute and the Department of Culture and Communication, New York University, are pleased to present a colloquium series devoted to issues at the intersection of information technology and new media, law, policy, society and the quality of life. The Colloquium includes presentations on original research and scholarship as well as discussion of current political issues and public controversies. Meetings are open to all interested colleagues and students, from NYU and beyond. For inquiries, or if you would like to be added to the invitation list, please contact Helen Nissenbaum.
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| Schedule:
Spring 2009 |
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| Date: |
12:30 – 2:00 PM Friday, February 6, 2009 |
| Speaker: |
Professor Susan Freiwald, University of San Francisco School of Law |
| Title: |
Electronic Communications Surveillance and the Fourth Amendment |
| Location: |
Room 202, 40 Washington Square South |
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| Susan Freiwald is a Professor of Law at the University of San Francisco School of Law, where she teaches Cyberspace Law, Information Privacy Law and Contracts. Professor Freiwald received her B.A. in economics from Harvard University and her J.D. from Harvard Law School in 1991. Professor Freiwald clerked for Judge Amalya Kearse of the Second Circuit Court of Appeals in New York City and was a member of the Legal Studies Department of the Wharton School of the University of Pennsylvania prior to joining the USF faculty. Professor Freiwald, who worked as a software programmer before law school, has written several articles on the intersection of high technology and law, including: "Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation" in the Harvard Journal of Law & Technology and “First Principles of Communications Privacy,” in the Stanford Journal of Law and Technology. Her articles are available at: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=44443. Professor Freiwald has recently authored or co-authored law professor amicus briefs in Hepting v. AT&T (challenge to cooperation in NSA surveillance program), Warshak v. United States (challenge to warrantless access to stored e-mail), and In the Matter of the Application of the United States (challenge to warrantless access to cell-site location information).
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| Abstract: Electronic surveillance in the modern age often means acquiring electronic communications out of storage rather than attaching alligator clips to telephone lines. Because the statutory provisions designed to protect electronic communications have fallen out-of-date and left essential questions unanswered, law enforcement agents have faced few procedural hurdles to obtaining stored electronic communications from service providers. In other words, they have gathered extensive electronic communications information without first obtaining warrants based on probable cause. Professor Susan Freiwald will present the arguments in favor of broad Fourth Amendment protection for stored electronic communications, which she has recently made in scholarly writings and amicus briefs. While such constitutional protection faces significant hurdles, it would trump insufficient federal statutes and properly respect the privacy of electronic communications. |
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| Date: |
4:30 – 6:00 PM Tuesday, February 17, 2009 |
| Speaker: |
Adjunct Professor Joseph Reagle, NYU Department of Media, Culture, and Communication |
| Title: |
Wikipedia: Nazis and Norms |
| Location: |
Room 206, 40 Washington Square South |
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| Joseph Reagle is an adjunct professor at NYU's Department of Media, Culture, and Communication where he studies collaborative cultures, specifically Wikipedia. As a former Research Engineer at MIT's Lab for Computer Science, he served as a Working Group Chair and Author within IETF and W3C on topics including digital security, privacy, and Internet policy. |
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| Abstract: In 1990 Mike Godwin coined his "Law of Nazi Analogies" to capture the common devolution of Usenet discourse into insulting comparisons with Nazis or Hitler. Eleven years later, Jimmy Wales wrote that it was important that the Wikipedia community "preserve and extend our culture of co-operation, with all of us standing as firmly as possible against the culture of conflict embodied in Usenet." I argue Wikipedia is a realization -- even if flawed -- of a long-held vision for a universal encyclopedia: a technology inspired vision seeking to wed increased access to information with greater human accord. And I claim Wikipedia's collaborative culture is a big factor for this success: the norms of "Neutral Point of View" ensures that the scattered pieces of what we think we know can be joined and good faith facilitates the actual practice of fitting them together. |
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| ** Co-sponsored with The Stern School’s Paduano Symposium on Business Ethics ** |
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| Date: |
4:30 – 6:00 PM Thursday, March 12, 2009 |
| Speaker: |
Professor Daniel J. Solove, The George Washington University Law School |
| Title: |
The Future of Reputation: Gossip, Rumor, and Privacy on the Internet |
| Location: |
Room 2-90, Henry Kaufman Management Center, 44 West 4th Street |
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| Abstract: Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there’s a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent chronicle of our private lives—often of dubious reliability and sometimes totally false—will follow us wherever we go, accessible to friends, strangers, dates, employers, neighbors, relatives, and anyone else who cares to look. Children and teenagers are increasingly spilling out their most personal secrets—as well as intimate details about their families and friends—in blogs and social networking sites. In a world where anybody can publish her thoughts to a world-wide audience, how should we balance privacy and free speech? How should the law protect people when harmful gossip and rumors are spread about them on the Internet?
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| Date: |
10:30 – 12:30 PM Friday, March 13, 2009 |
| Speaker: |
Professor Daniel J. Solove, The George Washington University Law School |
| Title: |
Understanding Privacy |
| Location: |
Room 201, 40 Washington Square South |
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| Daniel J. Solove is a professor of law at the George Washington University Law School. An internationally-known expert in privacy law, Solove is the author of several books, including Understanding Privacy (Harvard 2008), The Future of Reputation: Gossip and Rumor in the Information Age (Yale 2007) (winner of the 2007 McGannon Award), and The Digital Person: Technology and Privacy in the Information Age (NYU 2004). Professor Solove is also the author of a textbook, Information Privacy Law with Aspen Publishing Co. now in its third edition, with co-author Paul Schwartz. Solove has published more than 30 articles and essays, which have appeared in leading law reviews such as the Yale Law Journal, Stanford Law Review, California Law Review, Michigan Law Review, NYU Law Review, University of Pennsylvania Law Review, and Duke Law Journal. Professor Solove has testified before Congress and has been interviewed and featured in several hundred media broadcasts and articles, including the New York Times, Wall Street Journal, Washington Post, Chicago Tribune, USA Today, Associated Press, Time, Newsweek, ABC, CBS, NBC, CNN, and NPR. A graduate of Yale Law School, he clerked for Judge Stanley Sporkin, U.S. District Court for the District of Columbia and Judge Pamela Ann Rymer, U.S. Court of Appeals for the 9th Circuit. He also worked at the law firm Arnold & Porter in Washington, DC. Professor Solove teaches information privacy law, criminal procedure, criminal law, and law and literature. He blogs at http://www.concurringopinions.com, which in 2007 and 2008 was selected by the ABA Journal as among the 100 best law blogs. For more information about Professor Solove, go to http://www.danielsolove.com. |
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| Abstract: What is privacy? Why is it valuable? How should we balance it against other interests? Privacy, as many have lamented, is currently a concept in disarray. Professor Daniel Solove will discuss his new book, Understanding Privacy, in which he proposes a new theory for understanding privacy that draws from a broad array of interdisciplinary sources and provides clear guidance for engaging with privacy issues in law and policy. |
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| Date: |
4:30 – 6:00 PM Tuesday, April 7, 2009 |
| Speaker: |
Professor David L. Dill, Stanford University, Department of Computer Science |
| Title: |
Electronic Voting vs. Democracy |
| Location: |
Room 204, 40 Washington Square South |
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| David Dill has been a Professor of Computer Science at Stanford University since 1987, after receiving his PhD in Computer Science from Carnegie Mellon University. He is an ACM and IEEE Fellow. He is a co-Principle Investigator on the NSF-funded ACCURATE voting technology project. Prof. Dill has been working actively on policy issues in voting technology since 2003. He served on the California Secretary of State's Ad Hoc Task Force on Touch-Screen Voting in 2003, and has testified on electronic voting before the U.S. Senate, the U.S. Election Assistance Commission, and the Commission on Federal Election Reform, co-chaired by Jimmy Carter and James Baker III. He is the founder of the Verified Voting Foundation and VerifiedVoting.org and is on the boards of those organizations. In 2004, he received the Electronic Frontier Foundation's "Pioneer Award" for "for spearheading and nurturing the popular movement for integrity and transparency in modern elections." Prof. Dill has research interests in computational biology and formal verification as well. For more information, see http://verify.stanford.edu. |
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| Abstract: High-tech voting seems very attractive to voters who are used to using computers for work, e-commerce, electronic banking, etc. But voting is fundamentally different from other transaction because of ballot secrecy, which makes trustworthy electronic voting a very challenging technology problem.
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| Schedule:
Fall 2008 |
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| Date: |
12:00 – 2:00 PM Thursday, October 2, 2008 |
| Speakers: |
Stanley Pierre-Louis,
Vice President and Associate General Counsel, Intellectual Property and Content Protection Viacom, Inc.;
Professor Gideon Parchomovsky, University of Pennsylvania Law School;
Gigi B. Sohn, President and Co-Founder, Public Knowledge |
| Title: |
The Impact of Digital Distribution Platforms on the Entertainment Industry and Proposed Policy Strategies |
| Location: |
Greenberg Lounge, 40 Washington Square South |
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| Stanley Pierre-Louis is Vice President and Associate General Counsel for Intellectual Property and Content Protection at Viacom, Inc. He is responsible for managing major intellectual property litigation, developing strategies for protecting digital content, and leading other IP-related legal initiatives for Viacom and its brands, which include MTV Networks (MTV, VH1, Nickelodeon, Nick at Nite, COMEDY CENTRAL, CMT, Spike TV, TV Land, Logo and more than 130 networks around the world), BET Networks, Paramount Pictures, Paramount Home Entertainment and DreamWorks. Prior to joining Viacom, Mr. Pierre-Louis served as co-chair of the Entertainment and Media Law Group at Kaye Scholer LLP (NY), concentrating on intellectual property counseling and litigation. Mr. Pierre-Louis previously served as Senior Vice President for Legal Affairs at the Recording Industry Association of America, where he led several important strategic copyright litigations, including the entertainment industry's litigations against MP3.com, Napster and Aimster as well as the landmark U.S. Supreme Court case MGM Studios v. Grokster, which resulted in a unanimous decision in favor of the film and music industries. Before joining the RIAA, Mr. Pierre-Louis clerked for Judge David A. Nelson of the U.S. Court of Appeals for the Sixth Circuit, and was an associate at Shea & Gardener (Washington, D.C.). Mr. Pierre-Louis is a Phi Beta Kappa graduate of Clark University and earned his J.D. from the University of Chicago Law School, where he served on the Board of Editors of the University of Chicago Law Review.
Gideon Parchomovsky, Professor of Law, University of Pennsylvania Law School. Professor Parchomovsky specializes in intellectual property, property law, and cyber law. Parchomovsky has already made significant contributions to the field through his wide-ranging scholarship, having written numerous articles for major law reviews on liability rules, insider trading, trademarks, domain names, internal auctions and the integration game. Most recently, he has been advocating the need for a comprehensive property theory and the need to introduce a value-oriented theory. Parchomovsky has also received the A. Leo Levin Award which is given to the best first year course teacher.
Gigi Sohn, President and Co-Founder, Public Knowledge. Ms. Sohn is an internationally known communications attorney. In September 2001, she founded Public Knowledge with Laurie Racine and David Bollier. Gigi serves as PK's chief strategist, fundraiser and public face. Gigi is a Non-Resident Fellow at the University of Southern California Annenberg Center, and a Senior Fellow at the University of Melbourne Faculty of Law. She has been an Adjunct Professor at Georgetown University and at the Benjamin N. Cardozo School of Law, Yeshiva University. Gigi served as a Project Specialist in the Ford Foundation's Media, Arts and Culture unit and as Executive Director of the Media Access Project, a public interest law firm that represents citizens' rights before the FCC and the courts. In 1997, President Clinton appointed Gigi to serve as a member of his Advisory Committee on the Public Interest Obligations of Digital Television Broadcasters. Gigi holds a B.S. in Broadcasting and Film, Boston University and a J.D. from the University of Pennsylvania Law School.
Abstract: The impact of file sharing and the development of digital distribution platforms have indisputably transformed the face of the music industry and are in the midst of transforming the video programming industry as well. Tower Records is no more, YouTube has emerged as a significant outlet, and iTunes wields powerful influence as a generation of consumers access the predominance of their entertainment options via the Internet. This development begs a series of questions, including (1) will these developments provide new artists and “user generated content” opportunities to reach consumers; (2) what business models will develop to replace legacy revenue streams; (3) what policy strategies and legal decisions, including the Viacom/YouTube litigation and Cablevision DVR case, will reshape the landscape; and (4) what technologies, including digital rights management and new Internet platforms, will emerge. This discussion will address these very questions with a set of thought leaders in this emerging area. |
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| Date: |
12:00 – 2:00 PM Wednesday, October 8, 2008 |
| Speakers: |
Professor Beth Noveck, New York Law School
Professor Philip J. Weiser, University of Colorado Law School; Visiting Professor of Law, NYU School of Law |
| Title: |
The Role of Technology in Governance and Opportunities for the Next Administration |
| Location: |
Room 334, 245 Sullivan Street |
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Beth Noveck, Professor of Law, Director, Institute for Information Law and Policy, Director, Democracy Design Workshop, and Founder, Do Tank. An expert on the impact of technology on legal and political institutions, Beth Simone Noveck directs the Institute for Information Law & Policy, http://www.nyls.edu/infolaw, New York Law School 's center for the study of intellectual property, technology and information law. Prof. Noveck teaches in the areas of intellectual property, innovation and constitutional law as well as courses on electronic democracy and electronic government. Beth Noveck pioneered the creation of the Democracy Design Workshop, http://dotank.nyls.edu, a collaborative "do tank," where students and faculty at New York Law School and across institutions work together in teams to develop legal code and software code to foster open, transparent and collaborative ways of learning, working and governing. Projects address, not only how law regulates technology, but how to wield technology to improve law teaching and practice, encourage participatory governance and enable collaboration within organizations and communities. Professor Noveck launched the Peer to Patent: Community Patent Review project in collaboration with the United States Patent and Trademark Office, www.peertopatent.org. Peer-to-Patent is the legal, policy and software framework to open patent examination for public participation for the first time. Prof. Noveck is the founder and organizer of the State of Play conferences, the annual event on virtual worlds research. Professor Noveck graduated from Harvard University with a Bachelor and Master of Arts. She earned a J.D. from Yale Law School. After studying as a Rotary Foundation graduate fellow at Oxford University, she earned a doctorate at the University of Innsbruck with the support of a Fulbright grant.
Philip Weiser, Professor of Law, University of Colorado Law School and Visiting Professor of Law, NYU School of Law. Since arriving at the CU Law School and Interdisciplinary Telecommunications Program (with which he has a joint appointment) in 1999, Professor Philip J. Weiser helped to establish CU's strength in telecommunications and technology law, founding the Journal on Telecommunications & High Technology Law and the Silicon Flatirons Center for Law, Technology, and Entrepreneurship. Professor Weiser writes and teaches in the areas of telecommunications and information policy, recently co-authoring Digital Crossroads: American Telecommunications Policy in the Internet Age (MIT Press 2005) and Telecommunications Law and Policy (Carolina Academic Press 2006). Prior to joining the CU faculty, Professor Weiser served as senior counsel to the Assistant Attorney General in charge of the Antitrust Division at the United States Department of Justice, advising him primarily on telecommunications matters. Before his appointment at the Justice Department, Weiser served as a law clerk to Justices Byron R. White and Ruth Bader Ginsburg at the United States Supreme Court and to Judge David Ebel at the Tenth Circuit Court of Appeals. He has served as a visiting professor at the University of Pennsylvania School of Law and the Princeton Law and Public Affairs Program.
Abstract: Both Presidential Campaigns have emphasized the role of technology and innovation (as highlighted in this report, http://www.itif.org/index.php?id=176). To evaluate the opportunities ahead, particularly insofar as new technologies can enable government itself to function more effectively, Phil Weiser will discuss this issue with Beth Noveck, the founder of the “peer-to-patent” model, the Director of the Institute for Information Law and Policy and Democracy Design Workshop at New York Law School, and author of the forthcoming book on Wiki Government: How Technology Can Make Government Better, Democracy Stronger, and Citizens More Powerful. In so doing, they will evaluate the promises of “wiki-governance” and apply its teachings to a range of technology policy and other policy issues. |
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| Date: |
12:00 – 2:00 PM Tuesday, October 28, 2008 |
| Speaker: |
Professor Ellen P. Goodman, Rutgers School of Law – Camden |
| Title: |
Green Marketing, Consumer Protection, and Environmental Communications |
| Location: |
Room 202, 40 Washington Square South |
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Ellen Goodman, Professor of Law, Rutgers School of Law – Camden. Professor Ellen Goodman specializes in the law of information technology, including telecommunications, media and intellectual property. She has been an expert panelist before the National Science Foundation, the Federal Communications Commission, the Brookings Institute, and the Aspen Institute, as well as other policy and academic audiences. Prior to joining the faculty in January 2003, Professor Goodman was a partner in the law firm of Covington & Burling with a practice in information technology law. Professor Goodman graduated from Harvard College in 1988 and from Harvard Law School in 1992. She clerked for the Honorable Norma L. Shapiro on the Eastern District of Pennsylvania 1992-1993.
Abstract: Professor Ellen Goodman will address this issue that is attracting increasing attention. How can those selling environmentally friendly goods be trusted to deliver on their promises and what steps can policymakers take to promote such “green” products and services. In her talk, which will focus on animal-based products, Professor Goodman will explain the relevant issues, engage with prior policy statements, see e.g., http://www.ftc.gov/speeches/rosch/080618greenmarketing.pdf and propose appropriate policy strategies. |
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| Date: |
12:00 – 2:00 PM Tuesday, November 11, 2008 |
| Speaker: |
Dr. Alfred Kahn, NERA Economic Consulting |
| Discussants: |
Professor Nicholas S. Economides, NYU Stern School of Business;
Professor C. Scott Hemphill, Columbia Law School;
Professor Michael Katz, NYU Stern School of Business |
| Title: |
Antitrust Law and Network Neutrality |
| Location: |
Snow Dining Room, 40 Washington Square South |
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Dr. Alfred E. Kahn is the Robert Julius Thorne Professor of Political Economy, Emeritus, at Cornell University and is a Special Consultant to NERA. He has been Chairman of the New York Public Service Commission, Chairman of the Civil Aeronautics Board, Advisor to the President (Carter) on Inflation, and Chairman of the Council on Wage and Price Stability. Dr. Kahn received his bachelor's degree and master's degree from New York University and earned his doctorate in economics from Yale University. Following service in the US Army, he served as Chairman of the Department of Economics at Ripon College in Wisconsin . He later moved to the Department of Economics at Cornell University, where he remained until he took leave to assume the Chairmanship of the New York Public Service Commission. He has also served as a court-appointed expert in State of New York v. Kraft General Foods, Inc., et al., US District Court, SDNY, Advisor to New York Governor Carey on Telecommunications Policy, and as a consultant to the Attorneys General of New York, Pennsylvania, and Illinois, the Ford Foundation, the National Commission on Food Marketing, the US Federal Trade Commission, the Antitrust Division of the US Department of Justice, the US Department of Agriculture, and the City of Denver. For 15 years, he was a regular commentator on PBS's "The Nightly Business Report."
Nicholas S. Economides, Professor of Economics, Stern School of Business, NYU. Nicholas Economides is an internationally recognized academic authority on network economics, electronic commerce and public policy. His fields of specialization and research include the economics of networks, especially of telecommunications, computers, and information, the economics of technical compatibility and standardization, industrial organization, the structure and organization of financial markets and payment systems, antitrust, application of public policy to network industries, strategic analysis of markets and law and economics. He holds a PhD and MA in Economics from the University of California at Berkeley, as well as a BSc in Mathematical Economics from the London School of Economics. His papers on Net Neutrality include Net Neutrality on the Internet: A Two-sided Market Analysis, http://www.stern.nyu.edu/networks/Economides_Tag_Net_Neutrality.pdf and “Net Neutrality,” Non-Discrimination and Digital Distribution of Content through the Internet, http://www.stern.nyu.edu/networks/Economides_Net_Neutrality.pdf. His website on the Economics of Networks, http://www.stern.nyu.edu/networks/site.html, has been ranked as one of the top four economics sites worldwide by The Economist magazine. Professor Economides is Executive Director of the NET Institute, http://www.NETinst.org, a worldwide focal point for research on the economics of network and high technology industries.
C. Scott Hemphill, Associate Professor of Law, Columbia Law School. Articles Editor, Stanford Law Review. Law clerk to Judge Richard A. Posner, U.S. Court of Appeals for the Seventh Circuit, 2002-2003. Law clerk to Justice Antonin Scalia, Supreme Court of the United States, 2003-2004. John M. Olin Fellow, Columbia Law School, 2004-2006. Joined the Columbia faculty in 2006. Current areas of teaching and research interest include antitrust and regulation of industry, intellectual property, the economic structure of legal practice, and statutory interpretation.
Michael Katz joined New York University Stern School of Business as a Harvey Golub Professor of Business Leadership and a Professor of Management in July 2007. Professor Katz teaches courses in competitive and corporate strategy. Before joining NYU Stern, Professor Katz held the Sarin Chair in Strategy and Leadership at the University of California, Berkeley Haas School of Business. In addition to his academic service, Professor Katz has twice held positions in government. He served during the second Bush Administration as Deputy Assistant Attorney General for Economic Analysis in the U.S. Department of Justice Antitrust Division from September 2001 through January 2003. He served during the Clinton Administration as Chief Economist of the Federal Communications Commission from January 1994 through January 1996. Professor Katz has published numerous articles on the economics of network industries, intellectual property, telecommunications policy and antitrust enforcement. Professor Katz earned his A.B. from Harvard University and a D.Phil. from Oxford University, both in Economics.
Abstract: This group of distinguished scholars will have a moderated discussion, starting from Professor Kahn's discussion of the issue, as set forth in his recent paper, The Threat of Latter Day Progressives to an Authentically Liberal Economic Policy, http://aei-brookings.org/admin/authorpdfs/redirect-safely.php?fname=../pdffiles/WP08-03_topostv1.pdf. In so doing, they will reference their own prior work (Hemphill's Network Neutrality, Rent Extraction and the False Promise of Zero-Price Regulation, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1119982, and Katz's The Economics of Product Line Restrictions, With An Applications to the Network Neutrality Debate, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1003391 as well as other relevant discussions of the issue, see, e.g., Thomas Rosch, Broadband Access Policy: The Role of Antitrust, http://www.ftc.gov/speeches/rosch/080613broadbandaccess.pdf, and Jonathan Nuechterlein, Antitrust Oversight of an Antitrust Dispute: An Institutional Perspective on the Net Neutrality Debate, http://www.reg-markets.org/publications/abstract.php?pid=1257). In so doing, they will evaluate the potential role for antirust law as a check on the behavior of broadband providers, discussing the relevant economic issues, the institutional challenges for antitrust courts vis a vis a specialist regulator, and the potential hurdles posed by the Trinko case. |
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| Date: |
12:00 - 2:00 PM Tuesday, November 18, 2008 |
| Speaker: |
Professor Neil W. Netanel, UCLA School of Law |
| Title: |
Copyright's Paradox - Exploring the Tensions between Copyright Law and Free Speech |
| Location: |
Room 202, 40 Washington Square South |
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Neil W. Netanel, is a Professor of Law at the University of California at Los Angeles School of Law. He teaches and writes extensively in the areas of copyright, international intellectual property, and media and telecommunications. His recent and forthcoming books include Copyright's Paradox (Oxford University Press, 2008); The Development Agenda: Global Intellectual Property and Developing Countries (Neil Weinstock Netanel ed., Oxford University Press, forthcoming 2008); and From Maimonides to Microsoft; The Jewish Law of Copyright Since the Birth of Print (Oxford University Press, forthcoming 2010) (with David Nimmer).
Abstract: Neil Netanel will discuss his new book, Copyright's Paradox, which explores the tensions between copyright law and free speech. The United States Supreme Court famously labeled copyright “the engine of free expression” because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Netanel argues that copyright can still serve this vital function in the digital age. Yet today's greatly expanded copyright law often does the opposite-it is used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, artistic expression, and new media platforms for greater expressive diversity. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the YouTube and MySpace copyright infringement cases, Hip-hop music and digital sampling, and the Google Book Search litigation. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished.
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| Date: |
5:00 – 6:30 PM Monday, November 24, 2008 |
| Speaker: |
Professor Ira Rubinstein, Adjunct Professor of Law, NYU School of Law; Senior Fellow, Information Law Institute
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Discussants: |
Professor Richard Epstein , University of Chicago Law School; Visiting Professor of Law, NYU School of Law
Professor Philip J. Weiser, University of Colorado Law School; Visiting Professor of Law, NYU School of Law
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| Title: |
Anonymity Reconsidered |
| Location: |
Room 216, 245 Sullivan Street |
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Ira Rubinstein is a Senior Fellow at the Information Law Institute. His research interests include Internet profiling, electronic surveillance law, online identity, Internet security and software liability. Rubinstein lectures and publishes widely on issues of privacy and security and has testified before Congress on these topics on numerous occasions. His most recent publication is Data Mining and Internet Profiling: Emerging Regulatory and Technological Approaches, co-authored with Ron Lee and Paul Schwartz, 75 U. Chi. L. Rev. 261 (2008). Prior to joining the ILI, he spent 17 years in Microsoft's Legal and Corporate Affairs department, most recently as Associate General Counsel in charge of the Regulatory Affairs and Public Policy group. Before coming to Microsoft, he was in private practice in Seattle, specializing in immigration law. He graduated from Yale Law School in 1985. This semester, Rubinstein is teaching a seminar entitled "Anonymity and Accountability on the Internet."
Abstract: It is hard to trust the behavior of people or packets on the Internet in part due to the absence of a native "identity layer"--i.e., a reliable way of identifying with whom we are communicating or to what we are connected. As the need for online identity grows, new concerns are raised over the loss of privacy and civil liberties that might result if Internet users are forced to give up their anonymity. This tension between identity and anonymity often results in a standoff. But what does anonymity mean? And how important is it in protecting privacy or preserving free speech? In this presentation, Ira Rubinstein takes a fresh look at some of the underlying assumptions of the identity-anonymity standoff by examining three related claims: 1) anonymity is the default in cyberspace; 2) anonymity is a key tool in protecting online privacy; and, 3) there is a right of anonymity under the First Amendment. Richard Epstein and Phil Weiser will serve as commentators.
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Invited Participants (Partial)
Ronald Abramson, Attorney, Hughes Hubbard & Reed LLP
Lisa Barnett, Information Technology Services, NYU School of Law
Stefan Bechtold, University of Tuebingen Law School, Germany
Katherine Behar, MFA Student, Hunter College
Yochai Benkler, Professor, Yale Law School
Rodney Benson, Professor, Culture & Communication, NYU
Gaia Bernstein, Professor, Seton Hall School of Law
Shiri Bilik, Student, NYU School of Law
Deborah Borisoff, Professor, Culture & Communication, NYU
Abe Burmeister, Abstract Dynamics/Intense Objects
Mary Ellen Burns, New York State Attorney General Office
Samir Chopra, Professor, Computer Science, Brooklyn College
Gabriella Coleman, Professor, Culture & Communication, NYU
Caryn Conley, Information Systems, Stern School of Business, NYU
Susan Crawford, Professor, Cardozo School of Law
Elizabeth Davis, Columbia University Libraries
Tom Delaney, Information Technology Services, NYU School of Law
Vasant Dhar, Professor, Stern School of Business, NYU
Vincent Doogan, ITS Academic Computing Services, NYU
Rochelle Dreyfuss, Professor, NYU School of Law
Patrick Dwyer, Software Consultant
Nelly Fazio, PhD Student, Computer Science, CIMS, NYU
Peter Filardo, Division of Libraries, NYU
Mary Flanagan, Professor, Hunter College
Davis Foulger, Professor, Brooklyn College/Rowan University
Michael Freedman, Professor, Computer Science, Princeton University
Alex Galloway, Professor, Culture & Communication, NYU
Kelly Gates, Professor, Media Studies, Queens College
Anindya Ghose, Professor, Stern School of Business, NYU
Mike Godwin, Resident Fellow, Information Society Project, Yale Law School
Janlori Goldman, Director, Health Privacy Project
Mike Goren, Independent Software Engineer
Stuart Haber, HP Labs, Princeton
Radha Hegde, Professor, Culture & Communication, NYU
Marjorie Heins, Free Expression Policy Project
Benjamin Mako Hill, Software in the Public Interest
Howard Homonoff, Homonoff Media Group
Daniel Howe, PhD Student, Media Research Lab, NYU
Carol Hutchins, Courant Library, NYU
Tom Igoe, Professor, Interactive Telecommunications Program, NYU
Panagiotis Ipeirotis, Professor, Information Systems, Stern, NYU
Jeff Jarvis, Professor, Interactive Journalism Program, City University, New York
Paula Jennings, Division of Libraries, NYU
William Jones, Division of Libraries, NYU
Eddan Katz, Information Society Project, Yale Law School
Nancy Kopans, General Counsel and Secretary, JSTOR
Nimrod Kozlovski, Technological - Legal Consulting
Adam Kravetz, Student, Computer Science, CIMS, NYU
Thomas Krichel, Professor, Palmer School of Library and Information Science, Long Island University
Natalia Levina, Professor, Stern School of Business, NYU
Azi Lev-on, PhD Student, Political Science, NYU
Cédric Manara Professor, Temple Law School
Amy Martin, Culture & Communication, NYU
David Mazieres, Professor, Computer Science, Stanford University
Antonio Nicolosi, PhD Student, Computer Science, CIMS, NYU
Helen Nissenbaum, Professor, Culture & Communication, NYU
Linda Noble, Center for Innovation in Teaching & Learning, NYU
Peter Northup, PhD Student, Politics, NYU
Beth Noveck, Professor, New York Law School
Dan O'Sullivan, Professor, Interactive Telecom Program, NYU
Mark Palermo, ASCAP Enterprises
Frank Pasquale, Professor, Seton Hall Law School
Kenneth Perlin, Professor, Computer Science; Director, Media Research Lab, NYU
Greg Pomerantz, Attorney, Clearly, Gottlieb, Steen & Hamilton
Ashish Rastogi, PhD Student, Computer Science, CIMS, NYU
Joseph Reagle, PhD Student, Culture & Communication, NYU
Joel Reidenberg, Professor, Forham University School of Law
Richard Reiss, One-Country.com
Leslie Rich, Library, NYU School of Law
Wendy Seltzer, Fellow, Berkman Center for Internet & Society, Harvard Law School
Clay Shirky, Professor, Interactive Telecommunications Program, NYU
Victor Shoup, Professor, Computer Science, CIMS, NYU
Jeremi Sudol, Student, Computer Science, CIMS, NYU
Kim Taipale, Director, Center for Advanced Studies in Science and Technology Policy
Arthur Tannenbaum, Librarian for Social Work, Division of Libraries, NYU
Siva Vaidhyanathan, Professor, Culture & Communication, NYU
Shlomit Wagman, JSD Student, Yale Law School
Aurora Wallace, Professor, Culture & Communication, NYU
Sean Wieland, Computer Engineering, RPI
Rebecca Wright, Professor, Department of Computer Science, Rutgers University
Michael Zimmer, Fellow, Information Society Project, Yale Law School
Diane Zimmerman, Professor, NYU School of Law
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