TLPC Files DMCA Exemption to Ease Making Video Accessible in Educational Settings

Last week, the TLPC continued its efforts to make copyrighted works more accessible to people with disabilities. On behalf of the TLPC’s client, the Association of Transcribers and Speech-to-text Providers (ATSP), as well as the Association of Research Libraries (ARL), the American Library Association (ALA), and the Association of College and Research Libraries (ACRL) TLPC student attorneys Sophie Galleher, Angel Antkers, and Susan Miller filed a petition for an exemption from Section 1201 of the Digital Millennium Copyright Act (DMCA) that would allow disability services offices, organizations that support people with disabilities, libraries, and other units at educational institutions to circumvent technological protection measures on videos to make them accessible, including through closed and open captions and audio description. The exemption will allow disability service offices, educational institutions, and libraries to better fulfill their legal and ethical obligations to make visual media more accessible to people with disabilities. The TLPC filed the petition as part of the U.S. Copyright Office’s triennial review of exemptions from the anti-circumvention measures in Section 1201.

TLPC Files DMCA Exemption Renewal for Security Research

(by Elizabeth Field and Justin Manusov, Student Attorneys)

TLPC Files DMCA Exemption Renewal

This week, TLPC student attorneys Elizabeth Field and Justin Manusov filed a petition with the Copyright Office to better protect good faith security researchers. The petition, along with another filed earlier this summer, seeks to renew and modify an exemption from Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits circumvention of technological access controls (such as digital rights management (DRM)) to copyrighted material. The modification specifically seeks to limit the potential risk of liability that good faith security researchers face in their work to protect consumers from security breaches and other harm. The TLPC filed the comment on behalf of the TLPC’s clients Prof. Ed Felten and Prof. J. Alex Halderman, who are both computer scientists whose research includes computer security and privacy.

TLPC Files DMCA Exemption Renewal and Expansion Petition for Multimedia E-Books

This week, TLPC student attorneys Sophie Galleher, Angel Antkers, and Susan Miller filed with our colleagues at the UC Irvine Intellectual Property, Art, and Technology (IPAT) Clinic a petition with the Copyright Office seeking to expand an exemption from Section 1201 of the Digital Millennium Copyright Act (DMCA) for nonfiction multimedia e-books offering film analysis. The petition asks to modify the exemption to include fictional multimedia e-books, multimedia e-books on subjects other than film analysis, and removing the limitations that refer to screen-capture technology.  The TLPC and UC IPAT team filed the petition on behalf of the TLPC’s client, Authors Alliance, as well as Professor Bobette Buster and the Organization for Transformative Works (OTW) as part of the U.S. Copyright Office’s triennial review of exemptions from the anti-circumvention measures in Section 1201. 

Last Week in Tech Policy #53: Equifax and Data Breach in the Modern Era

(by Susan Miller, Colorado Law 2L)

A cyberattack on Equifax, a consumer credit reporting agency, was announced last week. The breach was especially problematic for a variety of reasons:

  1. Equifax’s job is to gather and maintain sensitive personal information. Yet it learned of the breach in July but failed to inform the public of the breach until September, taking more than two months to give consumers notice of the breach.
  2. The breach put the personal information of 143 million Americans, nearly one-third of the entire population, at risk. This personal information includes names, social security numbers, birth dates, addresses, driver’s license numbers, and in some cases, credit card numbers.
  3. Three Equifax executives sold their stock days only days after the company learned of the attack and before the public was notified.

Equifax is offering free credit monitoring and, thanks to angry consumers, waived fees for setting up credit freezes through Equifax.

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Last Week in Tech Policy #52: Cyberbullying

(by Angel Antkers, Colorado Law 2L)

Can you imagine a complete invasion of your privacy? Nude images intended only for a significant other’s eyes can be leaked online, as Robert Kardashian did earlier this year with pictures of his ex-fiance Blac Chyna,  Several other celebrities have encountered their own intimate images hacked and shown online.

Revenge porn is not the only form of online harassment. Online figures, such as game developers Brianna Wu and Zoe Quinn and media critic Anita Sarkeesian, have been targeted during the Gamergate controversy with posts containing personal information, like their social security numbers and addresses, and even threats of assault, rape, and murder. These types of threads have even included the  threat of a mass shooting at a university, which prevented Sarkeesian from delivering a presentation, as well as threats that forced Sarkeesian to flee her own home. Despite FBI opening an investigation regarding the Gamergate threats against Wu and Sarkeesian, it was eventually closed.

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Last Week in Tech Policy #51: Internet Platforms and Violent Content

(by Kristine Roach, Colorado Law 2L)

After the Unite the Right rally and associated violence in Charlottesville, NC on the weekend of Aug 11th, internet platforms and domain name providers responded by taking down content from The Daily Stormer, a neo-Nazi website that had encouraged some of the weekend’s events, raising a complicated debate over the responsibility that online platforms bear for hate speech, harassment, and violence, the concentration of power online, and free speech.

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Last Week in Tech Policy #50: Open Innovation in the Federal Government

(By Connor Boe, Colorado Law 3L)

Federal agencies have been feeling the pressure to use fewer resources while at the same time creating better outputs for the public good. Traditionally, public services were created and implemented by government experts hired to solve a specific subset of civic problems. Some have argued that this method of solving problems has become too outdated, too bureaucratic, and too politically driven to effectively solve some public issues. People expect their government to do more with less and create innovative solutions to complex problems. How can government actors create effective solutions in the face of competing interests?

Many agencies have turned to a trend in that has its roots in the private sector known as Open Innovation. Federal agencies in the last decade or so have begun to experiment with new forms of problem solving like prize challenges, citizen science, crowdsourcing, and entrepreneurial methodologies. This new trend has had a profound impact on the way government functions and how the public perceives the work that agencies produce.

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Season 4 Episode 3: Kathleen Abernathy

Student attorney Andrew Manley speaks with former FCC Commissioner Kathleen Abernathy, currently of Wilkinson Barker Knauer.  Topics include expanding broadband access to rural communities, the challenges that come with being a small telecom provider, and international cooperation in the areas of spectrum and satellites.

Commissioner Abernathy spoke on the Institutional Side of Information Policy Panel at the 2017 Digitial Broadband Migration conference hosted by the Silicon Flatirons Center.

Music of the show is provided by Gino and the Goons:

Opening theme: Troubles

Sign off music: On My Way

Licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license.

Season 4 Episode 2: Mike Gallagher

Student attorney Andrew Manley speaks with Mike Gallagher of the Entertainment Software Association.  Topics include challenges facing the video game industry as technology and delivery mechanisms evolve, and how the industry is adapting to handle those challenges.

Mike spoke on the Understanding Core Regulatory Goals in Context Panel at the 2017 Digitial Broadband Migration conference hosted by the Silicon Flatirons Center; you can watch the panel here.

Music of the show is provided by Gino and the Goons:

Opening theme: Troubles

Sign off music: On My Way

Licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license.

Last Week in Tech Policy #49: Preemption of Local Authority for Wireless Siting

(By Irena Stevens, PhD Candidate in the Interdisciplinary Telecom Program)

With the goal of promoting the deployment of next-generation wireless facilities, the FCC will vote on April 20th  to continue a rulemaking proposal to preempt local authority in the Right-of-Way (ROW). Wireless carriers are increasingly seeing utility poles in the ROW as an opportunity to expedite and diminish the cost of siting small cells, and say that local governments are creating unnecessary delays and charging excessive fees for pole attachments.

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