German court: search engines must deindex reports of 1981 double murder

In case you were wondering exactly where the supposed “right to be forgotten” leads in Internet regulation:

A convicted murderer in Germany has the right to get all mention of his crime deleted from internet search results under the EU’s “right to be forgotten” provision, Germany’s highest court has ruled.

Let’s hope the United States never decides to follow Europe’s path by restricting speech rights in the name of personal data erasure. [Bill Bostock, Business Insider]

December 4 roundup

Great moments in media concentration law

This is just absurd: to comply with federal regulations barring owners of daily newspapers from also owning local broadcast stations, the owner of the venerable Dayton Daily News in Ohio may knock it down to three-times-a-week publication so that it won’t count as a daily anymore. Keith J. Kelly of the New York Post spotted the story, Cox Media Group outlined the plan in a press release a few weeks ago, and Joshua Benton at Nieman Lab has more:

To increase the quality of local journalism in Ohio, the Federal Communications Commission is requiring three newspapers to stop printing daily….

Did you get that? To strengthen the local news ecosystem in Dayton, the government is making its biggest newspaper publish less.

The rules date back to 1975 when the Federal Communications Commission (FCC) adopted regulations barring cross-ownership of local broadcast and newspaper properties while grandfathering in existing arrangements. It was never a good rule, but progressive social critics then as now traced countless social ills to media concentration and for-profit ownership of the press (what’s new these days is that populist conservatives crusade against the corporate media too).

Don’t blame today’s FCC. Two years ago the agency voted to scrap the decades-old newspaper/broadcast cross-ownership rules, recognizing that the local news market had gone through convulsive changes in the meantime, with new media sources cutting deeply into ad revenues and the economics of newspaper publishing taking one deep hit after another. (Local broadcasting economics has suffered too, even if not as badly.) But opponents sued, and in September a Third Circuit panel struck down the deregulatory effort, a move that immediately called into question the terms of a pending deal transferring partial control of the large Cox Media Group, which got its start long ago with the venerable Dayton paper.

Others, such as Jonathan Rauch, have pointed out that antitrust laws may need easing anyway if newspapers are to organize successful ways to finance journalism in the online economy. And as we’ve warned before, there are special dangers in unleashing antitrust law on the media sector, where it can leave government with a corrupting influence over whether opposition papers are profitable and who gets to own them. But does anyone really think Dayton residents are better off if their local newspaper stops publishing every day?

[cross-posted from Cato at Liberty]

Intellectual property law roundup

  • The law should not accord the state of Georgia a copyright over its code of law, even if the code has annotations [Trevor Burrus and Sam Spiegelman on Cato amicus certiorari brief in State of Georgia v. Public.Resource.Org, earlier here and here] And a transcript of today’s oral argument before the Supreme Court;
  • Update: federal judge Kaplan imposes sanctions on alleged “copyright troll” Richard Liebowitz, further complications ensue [Eugene Volokh, more, ABA Journal, earlier]
  • How Coca-Cola responds to flavor suggestions from fans on Twitter [Mike Masnick]
  • “California Man Gets Sued After Trying To Trademark Bully A Theme Park’ [Timothy Geigner, TechDirt]
  • “Like Righthaven before it, the Higbee firm has been taking advantage of hosts who failed to take the proper registration steps to perfect their DMCA immunity from copyright claims” [Paul Alan Levy and more, earlier here and here] And yet more;
  • “A root beer start-up, an energy drink company and an ugly trademark battle” [Andrew Yarrow, Washington Post/Keene Sentinel]

Public health roundup

  • After a crackdown on saloon drinking backed by Theodore Roosevelt and others, creative New Yorkers opened 1500 new “hotels” and complied with rules linking alcohol to food by serving desiccated sandwiches meant not to be eaten [Darrell Hartman, Atlas Obscura on Raines Law]
  • “‘The evidence is very, very strong that there’s a powerful potential health benefit if you can’t get people to quit entirely, to get them to switch from cigarette smoking to vaping,’ Olson said.” [Scott McClallen, Center Square] Here comes Massachusetts to make things worse [Jeffrey Singer]
  • If you suppose that transcontinental air travel is worsening the risk of global pandemics, then you may suppose erroneously [Johan Norberg “Dead Wrong” video]
  • Zoning will not bring slimness: “Fast-Food Bans Are a Dumb Idea That Won’t Die” [Baylen Linnekin] Having a supermarket enter a food desert has at best a minor effect on healthy eating [Hunt Allcott et al., Quarterly Journal of Economics, earlier]
  • The imperialism of public health: wealth inequality, affordable housing declared topics for action by the public health profession [Petrie-Flom]
  • “From the 1910s through the 1950s, and in some places into the 1960s and 1970s, tens of thousands — perhaps hundreds of thousands — of American women were detained and forcibly examined for STIs…. If the women tested positive, U.S. officials locked them away in penal institutions with no due process….. During World War II, the American Civil Liberties Union not only failed to oppose the Plan; its founder, Roger Baldwin, sent a memorandum encouraging its local branches to cooperate with officials enforcing it.” [Scott W. Stern, History.com]
  • Public health campaign against arsenic-tainted wells in Bangladesh appears to have inadvertently increased child mortality in places where alternative was surface water, which is more likely to carry microbial contamination [Nina Buchmann, Erica M. Field, Rachel Glennerster, & Reshmaan N. Hussam, Cato Research Briefs in Economic Policy No. 180]

“Is This The World’s Most Self-Important Email Signature?”

A Charleston, South Carolina attorney is attracting attention for the rather inflexible conditions he sets on opposing lawyers’ wish to contact him. He offers a choice of two ways.

(1) Call my cell any day between 4:00 p.m. and 4:30 p.m. If I am not already on the phone with another opposing counsel, I will answer and spend up to five minutes on the phone with you. At the end of our five-minute talk, I may instruct my staff to schedule a longer meeting with you if you satisfy the criteria set forth in #2 below. Please note that I spend just five minutes on each call, so if I don’t answer when you call, wait a few minutes and try again. My cell is XXX-XXXX. Call only between 4:00 p.m. and 4:30 p.m. as I spend the rest of my day focused solely on achieving my clients’ goals.

The second way to reach him might prove even less appealing — check it out. [FITSNews]

Opioids roundup

  • Central planning meets the Drug War: Drug Enforcement Administration (DEA) presumes to know and decree “just how many prescription opioids of all classifications and in all situations will be needed in the coming year for a nation of 325 million people.” Paging Dr. Hayek [Jeffrey Singer]
  • Mysteries of the “negotiating class”: National Association of Attorneys General questions novel procedural device used by federal judge Dan Polster in Cleveland [Daniel Fisher, Legal Newsline, more; Amanda Bronstad, Law.com (Sixth Circuit review)]
  • “All of these are drug-seeking behaviors. But I maintain that none of these patients were addicted.” Scott Alexander talks back to a U.S. Senator, the WSJ, and others [Slate Star Codex] “How Stigma Against Addiction Devastates Pain Patients” [Elizabeth Brico at Filter, a recent launch on drug policy]
  • “Why Opioid Pharma Hatred Is Overblown and Harmful” [Alison Knopf, Filter] A Washington Post series on pill distribution fueled a false narrative [Singer, Jacob Sullum, and they’re just getting started]
  • “Patients, Privacy, and PDMPs: Exploring the Impact of Prescription Drug Monitoring Programs,” Cato policy forum with David S. Fink, Kate M. Nicholson, Nathan Freed Wessler, and Patience Moyo, moderated by Jeff Singer;
  • Oklahoma U. law prof says “improper” opioid nuisance suit by state’s attorney general could “create a monster” [Karen Kidd, Legal Newsline; earlier here, here, etc.] If judge can essentially rewrite public nuisance law, ramifications “are huge” for other industries that might be targeted in future, “such as the environmental, chemical, vaping, firearms manufacturing, and energy industries.” [John Shu, Federalist Society]