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The “Killer App” That Really Isn’t

It’s troubling that the Internet and the wonderfully innovative service known as Craigslist have been cast as major players in the recent tragedy of a young woman’s death. Just because the alleged killer found his victim by trolling the adult ads section of Craigslist, the media has hung the nickname “the Craigslist Killer” on him. The…

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Circumventing Into a DRM Scheme: of Kindles and Interoperability

In a rather complicated story last week, CNET News reported that Amazon had sent a cease-and-desist letter to the moderator of an online discussion forum dedicated to eBooks, alleging violations of the Digital Millennium Copyright Act (DMCA), which prohibits the circumvention of technological protection measures (TPM or digital rights management – DRM) included in digital copyrighted works. …

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Brief Says Don’t Treat RAM as “Stored Information”

CDT joined EFF and Public Knowledge in a legal brief yesterday arguing that data that is fleetingly held in RAM shouldn’t be subject to discovery, the process by which parties to litigation can demand access to records and documents. Sound arcane? Maybe. But the principle is actually pretty simple. Litigants have to share relevant records with each…

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Kentucky Court Rules That Domain Names Aren’t Craps Tables

Kentucky’s Court of Appeals correctly ruled this week that a domain name isn’t subject to seizure and forfeiture because it is not a “gambling device” under a 1974 law providing for the confiscation of roulette wheels and craps tables. Although certainly not the most sweeping or surprising decision, the ruling is nonetheless a victory for CDT and other free…

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Deconstructing Reaction to Net Safety Task Force Report

Now that the dust is settling on the release of the Final Report of the Internet Safety Technical Task Force, I want to highlight a few important points that have been raised this week. The Task Force was formed through an agreement between MySpace and 49 state Attorneys General to look at technology that might be used to…

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iTunes Drops DRM

Yesterday, Apple made a major but not entirely unexpected announcement that likely amounts to the last goodbye to digital rights management in the for-purchase digital music market. Beginning immediately (the full transition will take into the early spring), Apple will offer all iTunes tracks in the high-quality DRM-free format it calls “iTunes Plus.” Until now, the…

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ISPs Taking Up New Role of Taking Down Illegal File Sharers?

Shortly before Christmas it was reported that RIAA will greatly reduce its filing of lawsuits against unlawful file sharers. Instead, under a deal brokered by NY A.G. Andrew Cuomo, RIAA will work with ISPs to send notices to suspected file sharers, with the ISPs eventually taking action to limit or even terminate subscribers who don't change their behavior….

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Porn Shorn From Free WiFi Internet Proposal

The so-called porn free wireless Internet proposal that FCC Chairman Martin aggressively pursued since last summer has quietly been laid to rest. Martin’s proposal to auction off a slice of spectrum and then require that 25 percent of it be turned into a free, nationwide wireless network deserved careful consideration by the Commission. But Martin’s…

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Supreme Court’s “Fleeting” Interest in the First Amendment

On Election Day last week, the legal community was momentarily distracted from the momentousness of the election by the possibility that the Supreme Court Justices might utter profanities in the hallowed chamber. Sadly, they restrained themselves. But the lack of “f-bombs” (as the Solicitor General called them) didn’t take away from the intrigue surrounding the oral argument in FCC…

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