The FTC’s Right to Repair Inquiry and the Copyright Office’s Section 1201 Proceedings

(by Blake Reid, TLPC Director and Kayla Enriquez and Sarah Rippy, Colorado Law 2Ls)

The Federal Trade Commission is conducting a workshop entitled Nixing the Fix, which is aimed at exploring issues around the right to repair. In our submission to the Commission, we have submitted a curated archive of the record developed during the Copyright Office’s various proceedings that have raised repair-related issues, including its 2012, 2015, and 2018 triennial reviews of exemptions from Section 1201 of the Digital Millennium Copyright Act, its 1201 Policy Study, and its Software-Enabled Consumer Products Study.

TLPC Presents on Disability and Copyright at WIPO SCCR/38

(by Colleen McCroskey, Colorado Law 2L)

From left to right: TLPC Student Attorney Kevin Doss, Prof. Blake Reid, Prof. Caroline Ncube, TLPC Student Attorney John Schoppert, UCT Doctoral Candidate Charlene Musiza, UCT Post-Doctoral Researcher Desmond Oriakhogba, and TLPC Student Attorney John Schoppert

TLPC student attorneys Colleen McCroskey, Kevin Doss, and John Schoppert, along with TLPC Director Blake Reid and colleagues from the University of Cape Town, including Prof. Caroline Ncube recently presented to the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) on the intersection of copyright law and disability.

Continue reading “TLPC Presents on Disability and Copyright at WIPO SCCR/38”

Orbital Debris Mitigation and University Research

(By Freddy Steimling, Colorado Law 2L)

University of Colorado aerospace engineering Professor Scott Palo and the TLPC have filed comments before the Federal Communication Commission regarding the Commission’s orbital debris mitigation policies. The TLPC asked the Commission to adopt regulations that effectively mitigate the buildup of orbital debris in coveted orbits while preserving access to orbits that are important to university-led missions.

Update (May 6, 2019): Prof. Palo and the TLPC have filed an additional set of reply comments.

Internet Protocol Captioned Telephone Service (IP CTS) (Updated x2!)

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.

Update (Nov. 15): we’ve filed a final set of reply 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.

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.

Last Week in Tech Policy #68B: The Olympics in Virtual Reality

(by Emily Caditz, Colorado Law 2L)

Last month, the world tuned into the XXIII Olympic Winter Games held in Pyeongchang, South Korea. The Olympics is one of the world’s most celebrated sports competitions and gives viewers from all around the world the opportunity to watch the most talented athletes from their home country compete head-to-head against athletes from other participating nations.

Generally, the public has watched television, listened to the radio, or read the newspaper to keep up with Olympic coverage. In Pyeongchang, however, Intel partnered with the Olympic Broadcasting Services to provide Olympic viewers with a different Olympic viewing experience: virtual reality (“VR”). Continue reading “Last Week in Tech Policy #68B: The Olympics in Virtual Reality”

Last Week in Tech Policy #65: Fake News, Real Concerns

(by John Schoppert, Colorado Law 3L)

On Friday, February 16th, Special Counsel Robert Mueller announced the indictment of 13 Russian nationals on charges of conspiracy to defraud the United States. The announcement serves as the latest development in Mueller’s investigation into potential collusion between the Kremlin and the Trump campaign during the 2016 presidential election. More concretely, it provides further evidence that Russian operatives played a critical role in disrupting the 2016 election atop near-unanimous consensus among American intelligence agencies.

The indictments track the work of a so-called “troll factory” located in St. Petersburg, which designed and deployed divisive content over social media platforms to encourage collaboration within extreme groups online. More specifically, Russian operatives stole the identities of American citizens, posed as political activists, created posts affiliated with extreme ideologies and paid individuals to locally organize protests and rallies. While many debate over whether the Russians pushed for any one candidate over the other—as opposed to creating chaos more generally—based on internal documents, it appears that disruptive efforts were aimed at supporting the campaigns of Donald Trump and Bernie Sanders, and undermining that of Hillary Clinton.

Continue reading “Last Week in Tech Policy #65: Fake News, Real Concerns”

Last Week in Tech Policy #62: Fixed vs Mobile Broadband

(by Stefan Tschimben, CU ITP Ph.D Candidate)

Section 706 of the Telecommunications Act of 1996 requires the Federal Communications Commission to determine “whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.” Many people were surprised and worried when the FCC suggested in an August 2017 Notice of Inquiry equating mobile broadband alongside fixed broadband in its Broadband Deployment Report. The FCC concluded:

Americans today regularly use both fixed and mobile advanced telecommunications capability to originate and receive high-quality voice, data, graphics, and video telecommunications.

Continue reading “Last Week in Tech Policy #62: Fixed vs Mobile Broadband”

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.

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