Many will breathe a sigh of relief following Judge Alex Kozinski’s new opinion for an en banc Ninth Circuit in United States v. Nosal, establishing that (contrary to some fears) the “anti-hacking” provisions of the Computer Fraud and Abuse Act do not penalize broad swaths of computer usage that exceed “authorized” use. A ruling the other way might have criminalized many instances of employee goofing-off as well as common user violations of website terms-of-service. [Orin Kerr, Volokh Conspiracy, Ken at Popehat] Earlier here, here, here, etc.
Tagged as:
Alex Kozinski,
crime and punishment,
technology
Bad enough to be an established software firm and get hit with lawsuits from competitors or patent trolls. But even companies at the early startup stage now face legal attack, and patent law (unlike copyright) assigns liability even if there has been no knowing act of imitation or appropriation, which complicates the task of defense. “Merely asking a patent lawyer to evaluate the case and advise a company on whether it was guilty of infringement could cost a firm tens of thousands of dollars. And a full-blown patent lawsuit could easily carry a price tag in the millions of dollars, with no guarantee of recovering attorney’s fees even if the defendant prevailed.” In practice, some firms like Microsoft whose portfolios amount to “patent thickets” can establish themselves as gatekeepers to the industry. [Timothy Lee, Slate]
And: “New Patent Regs May Inspire More Litigation, Not Less” [Daniel Fisher, Forbes]
Tagged as:
Microsoft,
patent law,
technology
After defense lawyers raised the threat of sanctions, the Astrolabe firm has apologized and promised not to file more suits asserting copyright over information on such questions as when the sun rises and sets in various time zones. The suit had briefly led to the shutdown of a database used in Internet applications worldwide. [EFF, earlier]
Tagged as:
copyright,
technology
An open-source database described as “the computing world’s principal source of time-zone data” and “the key tool used by everyone to tell the right time globally” was shut down last week because of a lawsuit asserting that it was too dependent on a privately published atlas which was (allegedly) improperly relied on for historic entries. It’s been rebooted now, but the database compilers still face possible personal liability. [Stephen Colebourne, update] Programmer Arthur Olson, incidentally, is no relation.
Tagged as:
copyright,
technology
Even for nonpayment of cable bills? “The United Nations has declared Internet access a human right, and disconnecting people from it is against international law.” [Stan Schroeder, Mashable]
More: According to some commenters, what’s going on here is an assertion only of liberty rights (authorities should not block access) and not of affirmative welfare rights to internet access. Accepting this view for the basis of argument, there still arises the question of whether commonly encountered terms of service will now be at risk of being declared contrary to international law; per news coverage, some advocates hope the new initiative will bar closing the accounts of distributors of pirated music etc., and one can readily imagine parallel claims by email spammers, launchers of DDOS attacks and other controversial classes of users.
Tagged as:
international human rights,
technology
The technology is advancing rapidly, and promises a vast emancipation from drudgery — if punitive/prohibitive liability and regulatory rules don’t block its path. [Tyler Cowen] More: Ryan Calo.
Tagged as:
autos,
technology
Congress is once again considering expanding an “anti-hacking” law that’s already disturbingly broad. Will users someday risk a felony rap for flouting websites’ Terms of Use? [Orin Kerr, Volokh]
Tagged as:
crime and punishment,
technology
It probably isn’t accomplishing much: “Lawyers and experts on internet policy say no court case has ever turned on the presence or absence of such an automatic e-mail footer in America, the most litigious of rich countries.” [The Economist; & note comments that take issue with the above assertion, and also point out the uses of such footers in pre-trial discovery]
Tagged as:
overwarning,
technology
Arguing for a temporary restraining order in a civil dispute, lawyers for Sony argue that the federal “anti-hacking” law prohibits unauthorized access to one’s own computer. (As commenters point out, the company may also have less controversial arguments based on other areas of law, such as intellectual property and contract.) [Orin Kerr]
Tagged as:
technology
How Government Works (or doesn’t):
This foundational regulation that affects all of government is completely and totally broken. One need only look at CIO-Of-The-Federal-Government Vivek Kundra’s desk for the evidence. Last time I was in there, he had a 17″ all in one Gateway computer sitting on it because regulations prohibit him from buying a reasonable machine. He’s the CIO!
[Clay Johnson]
Tagged as:
technology,
Washington D.C.
The North Country Gazette does not put its articles behind a paywall, but insists that visitors not read more than one unless they subscribe. According to BoingBoing, a notice on the site (now apparently taken down, or at least inaccessible to many visitors) contained the following menacing wording:
A subscription is required at North Country Gazette. We allow only one free read per visitor. We are currently gathering IPs and computer info on persistent intruders who refuse to buy subscription and are engaging in theft of services. We have engaged an attorney who will be doing a bulk subpoena demand on each ISP involved… and will then pursue individual legal actions.
Tagged as:
technology
We’ve previously encountered Arthur Firstenberg of Santa Fe, N.M., and his anti-wi-fi litigation. Now the self-reported sufferer from electromagnetic sensitivity “is suing his next-door neighbor for refusing to turn off her cell phone and other electronic devices,” saying his efforts to avoid the fields threatens to render him homeless. He also thinks neighbor Raphaela Monribot should pay him $530,000. He’s represented by lawyer Lindsay Lovejoy Jr. [Santa Fe New Mexican, The Register, DSL Reports]
More: alt-paper SFreeper (which seems to have been on the story first) reports that attorney Lovejoy “is a graduate of Harvard and Yale, as well as a former Assistant New Mexico Assistant Attorney General who has argued cases alongside now-US Sen. Tom Udall, D-NM.” (via Chris Fountain)
Tagged as:
cellphones,
New Mexico,
technology
