Last Week in Tech Policy #42: @realDonaldTrump: How Twitter is Changing Communications from the White House

(By Connor Boe, Colorado Law 2L)

After it was first announced that President Trump would continue to use his personal Twitter account after taking office, it has become clear that social media is going to become a dominant source of information from the White House. How might social media impact the consistency and clarity of messaging that the American public has come to expect from the executive branch?

Trump first created the @realDonaldTrump account in 2009 and has tweeted roughly 34,000 tweets and accrued over 22 million followers since. Since the election Trump has used Twitter along with other social media platforms to release policy statements, personal opinions, and a surprising number of politically polarizing statements.  This new form of communication from the President creates some interesting dynamics, some possible opportunities, and a multitude of challenges that need to be considered as we enter a new era of American politics.

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Last Week in Tech Policy #41: FMExit—Norway’s Transition from FM Radio to Digital Audio Broadcasting

(by Zach Goldberg, Colorado Law 2L)

Norway has begun phasing out analog FM radio by shutting down broadcasts in certain parts of the country. The switch began at 11:11 am on January 11 Nordland, a county in northern Norway, and within a year, the Norwegian government plans to transition the entire country to Digital Audio Broadcasting (“DAB”). Under this new regulatory scheme, only 200 or so small local stations will be permitted to broadcast on FM frequencies.

This post explores the past, present, and future of the transition.

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Last Week in Tech Policy #40: Copyright Reform and the Copyright Office

(by Lindsey Knapton, Colorado Law 2L)

Copyright Week Logo[Editor’s note: This post is our contribution to Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what’s at stake.]

In the weeks leading up to President-elect Trump’s inauguration, little has been said about where he stands on copyright reform. For clues on copyright reform that may materialize in the coming months, some observers have turned to the House Judiciary Committee’s Reform of the U.S. Copyright Office Report, released on December 8, 2016, which outlines potential copyright policy priorities for the 115th Congress:

  1. Restructuring the Copyright Office as an administrative agency;
  2. Creating Copyright Office advisory committees;
  3. Upgrading information technology within the Copyright Office; and
  4. Creating a copyright small claims system.

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Last Week in Tech Law & Policy, Vol. 39: First Amendment Protection For Discriminatory Ads?

(by Andi Wilt, Colorado Law 3L)

When is the last time you Googled someone’s name? There are many reasons why you might have done that. You could have been trying to learn more about someone who was about to interview you for a position, or maybe you were about to interview them, or even deciding whom you were going to interview in the first place. An applicant’s online presence is important to many employers, as one source indicates that 90% of executive recruiters say they do online research on applicants; up to 70% of employers who have used LinkedIn say they have decided not to hire someone based on something they learn about the applicant online.

So what’s the problem with a little online research about a person? Professor Latanya Sweeney found that a Google search for a black identifying name is 25 percent more likely to be accompanied by an arrest-related ad. Professor Sweeney explored the connection between “[b]lack-identifying” and “[w]hite-identifying” first names, which are “those for which a significant number of people have the name and the frequency is sufficiently higher in one race than another.” Continue reading “Last Week in Tech Law & Policy, Vol. 39: First Amendment Protection For Discriminatory Ads?”

Last Week in Tech Law & Policy, Vol. 38: Colonizing Mars—Fact or Fantasy?

(by Jodi Wallace, Colorado Law 2L)

On July 20, 1969, Neil Armstrong proclaimed, “That’s one small step for a man, one giant leap for mankind.” Buzz Aldrin followed, describing the moon’s surface with the words “magnificent desolation.” For a few short hours, the two men explored the lunar surface, gathered samples, and then climbed back aboard the lunar modular to come back to Earth.

47 years after Apollo 11 was launched to take the first astronauts to the moon, Elon Musk  (chief executive of SpaceX) has announced his plans to create a permanent human settlement on the surface of Mars. But Elon Musk is not alone in this ambition—his announcement is only the most recent, and perhaps the broadest in scope.

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Last Week in Tech Law & Policy, Vol. 37: Wireless Emergency Alerts Improved by Federal Communications Commission

(By Eilif Vanderkolk, Colorado Law 2L)

A Speedy Manhunt

In mid-September, Ahmad Khan Rahami allegedly committed terrorist bombings in Manhattan and the Jersey Shore . Rahami was arrested on the Monday following the bombings, shortly after New York officials had issued a Wireless Emergency Alert (WEA) naming Rahami as the primary suspect. The alert, received by all smartphones located in the five Boroughs that had not opted out, looked like this:

WANTED: Ahmad Khan Rahami, 28-yr-old male. See media for pic. Call 9-1-1 if seen.

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Last Week in Tech Law & Policy, Vol. 36: Another Yahoo! Data Breach? Personal Consumer Information and the U.S. Government’s Intelligence Collection Practices

(by Zachary Goldberg, Colorado Law 2L)

Apparently Yahoo waited two full months to disclose to its customers the largest consumer data breach in history, which Yahoo officials claim went undetected for two full years

On September 22, 2016, Yahoo officials announced that 500 million of its customers’ email accounts were hacked in 2014. The Yahoo security team believes that “state-sponsored hackers” somehow managed to penetrate Yahoo’s system to target its email users’ identifying information, passwords, and security question responses. At this stage in their investigation, Yahoo officials have not indicated precisely when they discovered the breach, and they know neither specific details as to who orchestrated it, nor how they gained access to Yahoo’s email system.

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Last Week in Tech Law & Policy, Vol. 35: Microtargeting and the Use of Voter Data to Win Elections

(By Sean Doran, Colorado Law 3L)

Both major political parties in the United States currently gather and aggregate massive amounts of data on American voters. Over the last several election cycles, with the advent of advanced data analytics and advances in data storage and processing, campaigns have gained the ability to learn and track a surprising amount of data about voters. This creates a level of precision that allows campaigns to build advanced models for identifying and targeting individual voters to receive (or not receive) individual messages (microtargeting).  Parties are building “political dossiers” on American voters which are some of the largest, unregulated aggregations of personal data that currently exist.

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Last Week in Tech Policy Vol. 27: Space, the Final Frontier…

(by Savannah Schaefer, Colorado Law 3L)

In policy circles, we spend a lot of time talking about unintended consequences and how new pieces of legislation or regulation balance economic efficiency against other pieces of the public interest. Often, we see aspects of old issues recycled when new technologies and circumstances emerge and must determine whether and to what extent new issues require new treatment.

As we turn to space—the final frontier—and encourage our peers to boldly go where no one has gone before, we must consider just how different extraterrestrial expansion is from continental and what lessons to keep in mind as we launch.

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Last Week in Tech Policy Vol. 26: Fair Play, Fair Pay?

(by Molly Hogan, Colorado Law 3L)

Many of our discussions about the different aspects of technology law involve evolving technologies and how antiquated laws can be applied to situations that their drafters could not have fathomed. This week, I wanted to bring it back to discuss a debate surrounding a technology that is over 100 years old: the radio.

Despite the coming and going of records, 8-tracks, cassettes, CDs, and now MP3s and beyond, music fans have long been able to rely on the AM/FM radio to hear new music and old classics. Unbeknownst to most listeners is the fact that those artists whose songs play on the radio are not receiving copyright royalties for the airplay.

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