Tag: Law
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Two Major updates to RECAP: Developers from Around the World Write Code in Memory of Aaron Swartz
A little over two months ago, we joined with the Think Computer Foundation to offer a set of grants in memory of our friend Aaron Swartz. Aaron worked on many issues in his too-short life, but one of those was liberating American court records from behind a pay-wall. He helped to inspire our RECAP project,…
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A Reivew of Oral Arguments in McBurney v. Young: State FOIA and State Rights
Yesterday, I attended oral arguments in the Supreme Court case of McBurney v. Young, which I have previously written about. The case involves two different petitioners who were denied access to state records under a Virginia “freedom of information” law that limits such access to Virginia residents only. McBurney is a former Virginia resident who…
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My Bill to #OpenPACER in memory of #aaronsw – Open for Comment and Available on Github
I unveiled a draft bill at an event on Capitol Hill this week. It is drafted in Legislative XML, allows you to comment, and the code is available on github. Here’s the video: The Open PACER Act provides for free and open access to electronic federal court records. The courts currently offer an expensive and…
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New Jersey Voting in the Aftermath of Hurricane Sandy
Hurricane Sandy has disrupted many aspects of life here in New Jersey. Even beyond the physical destruction, the state’s infrastructure is still coming back on line. Many homes are still without power and heat, and some roads are closed. Schools were closed all of last week, and some will be closed for longer. Sandy has…
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NJ Lt. Governor invites voters to submit invalid ballots
On November 3rd, the Lieutenant Governor of New Jersey issued a directive, well covered in the media, permitting storm-displaced New Jersey voters to vote by e-mail. The voter is to call or e-mail the county clerk to request an absentee ballot by e-mail or fax, then the voter returns the ballot by e-mail or fax:…
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The Latest in Nationwide Internet User Identification – Part 2 (the All-New, So-Called Federal Co-Conspirator Theory)
Since Part 1 in this series a few months ago, Plaintiffs have continued to file “pure bill of discovery” suits in Florida state court. These proceedings typically involve “John Does” who are accused of copyright infringement via peer-to-peer networks. The Plaintiffs (copyright-holders or their delegates) have continued to name as defendants in those “pure discovery”…
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United States v. Jones is a Near-Optimal Result
This morning, the Supreme Court handed down its decision in United States v. Jones, the GPS tracking case, deciding unanimously that the government violated the defendant’s Fourth Amendment rights when it installed a wireless GPS tracking device on the undercarriage of his car and used it to monitor his movement’s around town for four weeks…
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"Stolen" LinkedIn Profiles and the Misappropriation of Ideas
The common law tort of “hot news” misappropriation has been dying a slow and justified death. Hot news misappropriation is the legal doctrine on which news outlets like the Associated Press have repeatedly relied over the years to try to prevent third-party dissemination of factual information gathered at the outlets’ expense. Last June, the Second…
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Stopping SOPA's Anticircumvention
The House’s Stop Online Piracy Act is in Judiciary Committee Markup today. As numerous protests, open letters, and advocacy campaigns across the Web, this is a seriously flawed bill. Sen. Ron Wyden and Rep. Darell Issa’s proposed OPEN Act points out, by contrast, some of the procedural problems. Here, I analyze just one of the…
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What are the Constitutional Limits on Online Tracking Regulations?
As the conceptual contours of Do Not Track are being worked out, an interesting question to consider is whether such a regulation—if promulgated—would survive a First Amendment challenge. Could Do Not Track be an unconstitutional restriction on the commercial speech of online tracking entities? The answer would of course depend on what restrictions a potential…