Profiling of Chinese Americans to Continue, Despite Historic U.S.-China Cyber Agreement

Despite leaders of both China and the U.S. offering optimistic prognoses for cooperation between both nations, it appears Chinese Americans, especially Chinese Americans employed in defense, tech, and energy sectors, can expect little relief from intense government scrutiny.

Evaluating Direct Licensing Deals in Web IV

To prevent opportunistic webcasters from striking below-market direct licensing agreements with record labels the Copyright Royalty Judges should carefully consider the context in which the direct licensing agreements were struck.

Unresolved Issues for Affirmative Consent Applications

Consent Apps such as Good2Go must rethink their entire approach to consent if they would like to become relevant or even effective in the fight against sexual assault on university campuses.

Microsoft’s Fight for Extraterritorial Data Privacy

In oral arguments today, Microsoft fights to limit the international reach of warrants for private data. The decision could have far-reaching consequences as to data privacy, Cloud computing, foreign relations law and the extraterritoriality of search warrants.

The Danger of “Just & Reasonable” Net Neutrality Rules: The Potential Toothlessness of the FCC’s New Rules

While the FCC’s new “just and reasonable” net neutrality rule is a step in the right direction toward an open Internet, it is not a clear victory for net neutrality advocates.

Will the “Blurred Lines” Verdict Fuel Excessive Litigation?

Recent copyright infringement cases where infringement is predicated on the similar “feel” of the original and an infringing song is a step in the wrong direction.

Increased Use of StingRay Devices May Raise More than Just Privacy Concerns

Local law enforcement’s increasing use of Stingray, a technology used to pull metadata of a cellphone without the knowledge of the owner, undermines the legitimacy of the criminal justice system.

Big Data and the Fall of Personally Identifiable Information

As Big Data continues to grow in both reach and sophistication, our information economy will start to approach a state in which the definition of Personally Identifiable Information is no longer effective in pursuing its goal of protecting individual rights to privacy.

How the SEC Really Feels About High Frequency Trading

The SEC’s high frequency trading (HFT) enforcement strategy of speak loudly and carry a small stick demonstrates that it does not want to regulate high frequency trading.

Poorly Stated Policy: The Ongoing Saga of Samsung’s SmartTVs

Samsung deserves recognition for being transparent and showing concern for privacy after public backlash that its television sets were recording viewer conversations.

Obama Administration to Weigh in on Google v. Oracle Java Dispute

The Solicitor General’s opinion on whether the Supreme Court should hear Google v. Oracle java dispute may decide what constitutes fair use in the software industry.

The Fight for Faster Internet

The current mix of state and federal legislation, coupled with competing FCC regulation, creates a difficult situation for municipalities and ISPs in regards to municipal-sponsored broadband.