Last Week in Tech Law & Policy, Vol.1: Net Neutrality and the Sony Hack

(by Blake E. Reid, TLPC Director)

Just about every week during the fall and spring semesters, the TLPC spends time discussing current events in tech law and policy. Our students do a great job researching and highlighting current events, so this semester we thought we’d share what we’re reading with the world.

I have the task of leading our inaugural discussion, so I’m going to focus on two events that have blown up over our winter break:

Net Neutrality. While it’s hard to narrow down the 10+ year-old net neutrality / Open Internet discussion down, the biggest news over break was the soft-launch of the Commission’s plan to reclassify ISPs under Title II of the Telecommunications Act— announced at the Consumer Electronics Show—in rules to be voted on at the Commission’s February open meeting. Other interesting issues waiting in the wings include the treatment of wireless providers, the Commission’s approach to forbearance, various other bells and whistles of the final item (I’m particularly interested in the treatment of reasonable network management and the premises operator exception), and how the courts and Congress will ultimately impact the state of play (or not).

The Sony Hack. There’s so much to say about this, but I’ve been most interested in the epistemological debate over whodunit (is it North Korea, or isn’t it?), and the difficulty of assessing adversaries online. This is the tip of the iceberg for this phenomenon, which has broad implications for the future of law enforcement, crime and punishment, privacy, and war.

See you next week!

Will the FCC Let You Retain Your Privacy and the Cybersecurity of Your Information When You Text 911?

(by Spencer Rubin and Trip Nistico, Colorado Law 2Ls, and Vickie Stubbs, ATLAS Institute)

Two weeks ago, the TLPC submitted reply comments on the Third Further Notice of Proposed Rulemaking (FNPRM) in the Federal Communications Commission’s Text-to-911 (TT911) docket. Among the many areas in which the FCC sought comment on rules for text messages to 911, we focused on the privacy and cybersecurity implications of sharing enhanced location information via text message to emergency responders.

Continue reading “Will the FCC Let You Retain Your Privacy and the Cybersecurity of Your Information When You Text 911?”

TLPC files DMCA exemption for good faith security research

The TLPC continued its efforts in the Copyright Office’s triennial review last week by filing a petition for exemption from the anti-circumvention measures in Section 1201 of the Digital Millennium Copyright Act (DMCA) for circumventing technological protection measures (TPMs) to perform good faith security research. The TLPC filed the petition, drafted by student attorneys Chris Meier, Amber Williams, and Bridgett Murphy on behalf of  Dr. Matthew Green, Assistant Research Professor at the Johns Hopkins Information Security Institute.