Internet Protocol Captioned Telephone Service (IP CTS) (Updated!)

Today, the TLPC filed long-form comments before the Federal Communications Commission on behalf of the Hearing Loss Association of America (HLAA), our client Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI), and a coalition of consumer groups and accessibility researchers. The Commission is considering updates and changes to the IP CTS program, which millions of Americans who are hard of hearing, deaf, and DeafBlind rely on to communicate on equal terms.

Update (Oct. 16): we’ve now filed two additional sets of comments, linked below.

Authorship and Accessibility in the Digital Age

(cross-posted from Authors Alliance)

The Internet has opened up the opportunity for creators to reach worldwide audiences. Authors can transmit digital creations in a matter of seconds by simply uploading an article or ebook, sharing a video, or posting a blog entry. But authors can reach an even wider audience if their digital creations are accessible to those with disabilities. Notwithstanding significant strides made toward making digital content more accessible over the past decade, the prevalence of inaccessible digital content continues to be problematic.

Last fall, Authors Alliance, the Silicon Flatirons Center, and the Berkeley Center for Law and Technology convened a group of content creators, technologists, attorneys, academics, and advocates to discuss the role of creators in making digital works more widely accessible to people with disabilities, reported by TLPC student attorneys.

The roundtable discussion focused on the unique role authors, educators, and libraries play in making digital works accessible; the benefits, obligations, and barriers around accessibility; the availability of authoring tools that facilitate accessibility; and the gaps for digital accessibility that technology and policy might fill.

That conversation led to the creation of the report, Authorship and Accessibility in the Digital Age, which distills these topics into a concise summary of the current landscape, as well as recommendations for further action. We gratefully acknowledge the support of Authors Alliance, Silicon Flatirons Center and the Berkeley Center for Law and Technology in making the roundtable and the report possible. We also thank Angel Antkers, Susan Miller, and Sophia Galleher, student attorneys in the TLPC, for their role in authoring this report; and Rob Haverty at Adobe Document Cloud for his assistance in creating an accessible PDF.

Small Satellites and University Research

(by Blake E. Reid, TLPC Director)

In collaboration with the University of Colorado aerospace engineering Professor Scott Palo and a coalition of other researchers, the TLPC filed comments before the Federal Communications Commission on a variety of issues in the Commission’s proposed new streamlined process for small satellites.

Update (August 7, 2018): we’ve also filed reply comments in the same proceeding.

Next-Generation 911 and Data: Transparency, Privacy, and Evidentiary Considerations

(by Connor Boe, TLPC alum)

Data collection, analysis, and storage is cheaper and more reliable than ever before. This advancement in technology is constantly improving public services specifically in services dedicated to emergency response. The adoption of new technologies to increase the amount and diversity of information that public safety entities have access to during an emergency response is called Next Generation 911 (NG911). In a NG911 world, the proliferation of data when responding to emergencies will inevitably increase in size and scope. Though the receipt, processing, analysis, and storage of more data in emergency responses will be beneficial for public safety, it may also create complexities for existing statutory and regulatory obligations these entities have. Specifically, these systems have the potential to complicate state open records law compliance, privacy and data protection obligations, and chain-of-custody rules of evidence. Policy makers, emergency services, and vendors of these services need to consider the legal implications before deploying NG911 systems and not after the fact.

The benefits and drawbacks when choosing to adopt NG911 systems are far reaching. The architecture choices local governments make have the potential to rewrite the public safety answering points relationship with the general public and public safety entities. Advocates and practitioners need to understand that after data is collected by the government in response to an emergency, the information that they collect will be highly scrutinized by the communities in which they serve. These NG911 data management systems need to strike a balance between public safety, personal privacy, the rule of law, and government transparency that is acceptable to all the stakeholders in the community.

Working with several 911 stakeholders, the TLPC drafted and is pleased to release the attached white paper, which discusses attempts to discuss how the architecture of NG911 systems will impact existing legal obligations and discuss the opportunities that local governments will have when adopting these systems.

Municipal Drone Policy

TLPC student attorneys and Colorado Law 2Ls Kristine Roach, Trey Reed, and Jay Gurney recently finalized a white paper on municipal drone policy. The paper outlines some of the many drone applications for hobbyists, businesses, researchers and governments, while considering disruption and intrusion concerns.

Given these competing concerns and interests, the paper outlines different approaches to municipal drone policies and regulations, including the prospect of federal preemption. The paper also analyzes 4th Amendment limitations on municipal drone surveillance and open records requirements implicated by municipal drone use. While the analysis is most pertinent to Boulder, the drone policy considerations are intended to be applicable to municipalities across the United States.

Our thanks to Prof. Deborah Cantrell, Prof. Ann England, Prof. Margot Kaminski, Tom Carr, Boulder City Attorney, Julia Richman, Boulder Chief Information and Analytics Officer, and Cory Dixon, IRISS Chief Technologist for their help in the development of this paper.

TLPC Files Three DMCA Reply Comments for Disability Services, Multimedia E-Books, and Security Research

Today the TLPC filed three reply comments to the U.S. Copyright Office as part of the seventh triennial Section 1201 proceeding. Under Section 1201 of the DMCA, parties may petition the Copyright Office every three years to create or modify exemptions when the DMCA adversely affects noninfringing activities. Opponents filed public comments in February responding to the initial long form comments filed in December.

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TLPC Files Three DMCA Comments for Disability Services, Multimedia E-Books, and Security Research

Today, TLPC student attorneys filed three long form comments with the Copyright Office as part of the seventh triennial Section 1201 proceeding. Under Section 1201 of the DMCA, parties may petition the Copyright Office every three years to create or update exemptions when the DMCA adversely affects noninfringing activities.

Sophia Galleher filed a comment to enable better access to films and other copyrighted works for people with disabilities. Susan Miller and Angel Antkers, along with colleagues at the UC Irvine Intellectual Property, Art, and Technology (IPAT) Clinic, filed a comment to enable artistic expressions like fan fiction by expanding the allowed uses of multimedia e-books. Elizabeth Field and Justin Manusov filed a comment to better protect good faith security researchers.

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How the Rightsback.org Termination of Transfer Tool Helps Authors

The following is a cross post from Authors Alliance’s blog, by Luke Ewing, student attorney at the Colorado Law Samuelson-Glushko Technology Law & Policy Clinic. Luke was helped by his classmates Sean Doran and Andi Wilt, and their supervisor Blake Reid, at Colorado Law; and law students Eric Malmgren, Erica Row, and Julia Wu, and their supervisor Jack Lerner, at UC Irvine Intellectual Property, Arts, and Technology Clinic for their assistance with the development of the Termination of Transfer tool and templates.

Erica Row, Julia Wu, Pamela Samuelson, Mike Wolfe, Eric Malmgren, and Jack Lerner (not pictured: Sean Doran, Luke Ewing, Andi Wilt, and Blake Reid)

Authors Alliance and Creative Commons recently released the Termination of Transfer tool at rightsback.org. You may be wondering what the tool does and how termination helps authors. Along with many other beta testers, student attorneys at the Colorado Law Samuelson-Glushko Technology Law & Policy Clinic and the UC-Irvine Intellectual Property, Arts, and Technology Clinic helped verify that the tool accurately reflects the state of termination law. We scoured statutes, regulations, and case history to determine what is required to make the termination process go smoothly under a wide range of circumstances. We also tested the tool to ensure that its results accurately reflect the current state of the law. Finally, we drafted a standardized form and written guidance that make the paperwork simple once an author decides to exercise their termination right.

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