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November 25, 2012
With the holiday in the rearview mirror, I had time to reflect on the four categories of privacy law proffered in the last blog. One more came to mind as I was driving up I 95 near D.C., appropriately so, because it is about administrative law. Allow me, for the record, to copy and paste the ones that I included in the last blog and add this one to it, with a little description. It matters because administrative law may come to play a more significant role in governance of Internet companies that either the legislature or the judiciary.
November 15, 2012
In a working group list service, some of the privacy professional around higher education have been enjoying a lively discussion about "privacy." This blog is a good place to share thoughts to all of you.
November 13, 2012
For the last few days reading about the Petraeus case I knew it was only a matter of time before commentators would ring the privacy bell. This afternoon the NYT published the first of what will undoubtedly become many comments.
November 10, 2012
For the first time in ten years, I was able to devote my entire week to the EDUCAUSE National Conference. Allow me to share some take-aways from the experience.
November 5, 2012
With its headquarters in the Boulder area and many a national conference in Denver, Colorado is EDUCAUSE country! It is great to be back here for another stunning national convention!
November 2, 2012
Business intelligence is all the go these days, and increasingly confused with information management. People are wondering what these functions are exactly, whether they are the same or could be located in the same office. Short answer: no. Longer answer: Read on.
October 30, 2012
Kirtsaeng v. John Wiley & Sons is an interesting case more for what it points to than what upon decision will say. It points to big chinks in the armor of "international copyright law," i.e. the Berne Treaty that extended U.S. copyright law to signatories whose arms were twisted to sign in exchange for trade agreements.
October 17, 2012
On the national policy front, or "Big 'P' Policy, both privacy and security issues are rising to the fore. Do not track mechanisms are, to quote a New York Times recent article on this subject, "features on browsers — like Mozilla’s Firefox — that give consumers the option of sending out digital signals asking companies to stop collecting information about their online activities for purposes of targeted advertising." The market sector is not happy. Microsoft is releasing version 10 of its web browser, Internet Explorer, with a default do not track setting; to allow cookies or other tracking requires the user to change the setting. Business interests have reacted angrily, with the Association of National Advertisers sending Microsoft's CEO, Steve Ballmer, an open letter objecting to that decision.
October 12, 2012
In April of 2001 I began working in the position from which I now write, Director of Information Technology Policy at Cornell. As a law student, I had elected to take a course in intellectual property. Most of my classmates had engineering degrees and were headed for patent law as a career. I was another "Eng." major, English Literature, and wanted to know why publishers of the J.D. Salinger biography had pulled it before it hit the shelves. Turns out, the author had included full texts of letters Salinger had written a long-term lover. The author had access to the letters, but she did not have the copyright in them. A fair use defense would not have sufficed under the circumstances. Consequently, the publishers removed the letters before publication.
October 11, 2012
We need to rethink the fair use doctrine by adding transformative works as they have been defined in United States case law to the existing four factors that are already codified, and expand its overall usage, especially in the area of not-for-profit educational endeavors.