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		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2444</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2444"/>
		<updated>2009-05-01T16:47:34Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media/teachingguide Teaching guide to class]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this class is to explore the tension between old laws and new media.  The Internet has threatened the way &amp;quot;traditional&amp;quot; companies do business and has challenged the &amp;quot;traditional&amp;quot; norms of the courtroom.  Many industries have attempted to preserve their existing business models by enforcing pre-Internet legal regimes without acknowledging the possible need for change due to new media.  They contend that laws must be uniformly and systematically applied, despite changes in culture and society.  Critics of this approach argue that the old laws are ill-suited for the purpose of regulating new media because they threaten to slow innovation and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
One of the clearest examples of this tension is the recording industry&#039;s struggle to adapt to Internet distribution of music.  Using a timely case study from a music file-sharing case defended by a Harvard Law School professor and students, this class will explore the tension between old laws and new media, evaluate strategies that have been used to address the challenges, and attempt to identify the best methods of going forward.&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson].&lt;br /&gt;
&lt;br /&gt;
Professor Nesson is a Harvard Law School professor and a founder of the [http://cyber.law.harvard.edu/ Berkman Center for Internet &amp;amp; Society].  Since Fall 2008, Prof. Nesson has defended Boston University student Joel Tenenbaum in a file-sharing lawsuit brought by the recording industry.&lt;br /&gt;
&lt;br /&gt;
== Part I. Background ==&lt;br /&gt;
&lt;br /&gt;
The course will open with a brief overview of tensions that arise when we attempt to apply old laws to new media.  The discussion will touch upon major points of conflict that have arisen in recent years, focusing on issues in Internet communications and media.  The discussion will then address the changing landscape of online music distribution to prep for the file-sharing case study to follow.  The below readings inform this discussion:&lt;br /&gt;
&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* [http://www.rtnda.org/pages/media_items/legal-notes-in-a-brave-new-world-old-laws-still-apply1016.php In a Brave New World, Old Laws Still Exist]&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later RIAA vs. The People: Five Years later]&lt;br /&gt;
* [http://www.riaa.com/physicalpiracy.php RIAA&#039;s view on piracy] &amp;amp; [http://www.riaa.com/whatwedo.php The RIAA: What we do]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
== Part II. Case study: RIAA vs. Tenenbaum ==&lt;br /&gt;
Joel Tenenbaum, a 25-year-old Physics graduate student at Boston University, was sued in 2007 by the Recording Industry Association of American (RIAA) for allegedly downloading seven music files and making them available for distribution on the KaZaA file-sharing network.  Prior to the lawsuit, Joel offered to settle the dispute for $500, but the music companies rejected demanded thousands more.  At trial, Joel faces statutory damages under the Copyright Act of $750 to $30,000 for each infringement, or up to $150,000 each if he is found to have engaged in a &amp;quot;willful violation.&amp;quot;  Tenenbaum could be forced to pay more than $1 million in damages over seven songs.  In the fall of 2008, Harvard Law School professor Charles Nesson – with the help of a team of students – came to Tenenbaum&#039;s defense.  See [http://arstechnica.com/tech-policy/news/2009/02/tell-the-riaa-to-take-a-hike-how-harvard-law-threw-down-the-gauntlet.ars How Harvard Threw Down the Gauntlet to the RIAA] for a quick background on the case.&lt;br /&gt;
&lt;br /&gt;
Further readings:&lt;br /&gt;
&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* More information at [http://www.joelfightsback.com Joel Fights Back]&lt;br /&gt;
* Reference: [http://info.riaalawsuits.us/howriaa_printable.htm How RIAA Litigation suits work]&lt;br /&gt;
* Reference: [http://recordingindustryvspeople.blogspot.com/ Ray Beckerman&#039;s Blog]&lt;br /&gt;
&lt;br /&gt;
=== RIAA&#039;s use of the Copyright Act ===&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider:&lt;br /&gt;
&lt;br /&gt;
** Is the changing landscape of copyright infringement relevant in considering whether the Act&#039;s statutory damages are unconstitutionally disproportionate to the actual damages -- and if they are impermissibly punitive if so?&lt;br /&gt;
** Similarly, whereas pre-Internet copyright infringement typically involved commercial uses, the Internet has enabled widespread copying by non-commercial users.  Should courts&#039; application of the fair use doctrine be tuned to take into account the non-commercial nature of most file-sharing?  Should we create a separate statutory damages regime for non-commercial uses?&lt;br /&gt;
** The bottom line is that there is a statute that seems to prohibiting online file-sharing that awards significant statutory damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
Our discussion here centered around a debate between Prof. Nesson (who in a role-reversal will argue for RIAA) and Prof. Fisher (who will argue as Prof. Nesson).  The debate focused on the bigger-picture policy and normative issues, rather than applying/distinguishing caselaw.  &lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
* [http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum VIDEO: Arguments between Professors Nesson and Fisher]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
=== New Technology vs. Courtroom Norms ===&lt;br /&gt;
&lt;br /&gt;
This portion of the class session dealt with the tension between pre-Internet courtroom traditions and rules versus modern-day expectations for transparency and instant access to which the Internet has given rise.  This issue came to the fore in the Tenenbaum case when Joel filed a motion to webcast his trial.  Our IIF session occurred after the District Court granted the motion but before the First Circuit Court of Appeals reversed the District Court.  The arguments before the First Circuit and the First Circuit&#039;s subsequent decision added a rich body of materials from which a future class should draw.  The outline below is updated to reflect this. &lt;br /&gt;
&lt;br /&gt;
A future course offering can focus the students&#039; reading on the following two decisions (only one of which was available for our class session). &lt;br /&gt;
&lt;br /&gt;
Suggested Reading:  [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner’s opinion]&lt;br /&gt;
&lt;br /&gt;
Suggested Reading:  [http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1090P.01A First Circuit reversal]&lt;br /&gt;
&lt;br /&gt;
Further reading: [http://joelfightsback.com/2009/04/webcast-legal-issues/ Summary of legal issues, by Morris Singer and the Tenenbaum defense team]&lt;br /&gt;
&lt;br /&gt;
Further listening: [http://www.ca1.uscourts.gov/files/audio/09-1090.mp3 Oral arguments before the First Circuit]&lt;br /&gt;
&lt;br /&gt;
Our IIF class session and the oral arguments at the First Circuit presented a diverse array of dimensions to this issue: from the common law tradition of a public trial, to OJ Simpson, to the Constitutional underpinnings of the right to an open courtroom.  Below is a suggestion on how to organize these issues for a future class offering, as well as links to relevant source materials.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;The common law tradition of an open courtroom&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-on-the-majesty-of-the-federal-courts VIDEO: Professor Nesson&#039;s thoughts on the majesty of the courts]&lt;br /&gt;
&lt;br /&gt;
Oral Argument excerpt: [http://www.ca1.uscourts.gov/files/audio/09-1090.mp3  Listen to minutes 36:00 – 36:30 of Professor Nesson’s oral argument, discussing the &amp;quot;village&amp;quot; being present for trial proceedings]&lt;br /&gt;
&lt;br /&gt;
Suggestion on reference for the historical development of open trials: [http://www.crimetheory.com/Archive/Beccaria/Beccaria15.htm On Crimes and Punishments 15] &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;The Internet as compared to television&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-and-a-brief-history-of-media-in-the-courts VIDEO: Professor Nesson on OJ Simpson&#039;s impact on cameras in the court]&lt;br /&gt;
&lt;br /&gt;
[http://www.ca1.uscourts.gov/files/audio/09-1090.mp3  Audio: Listen to minutes 32:15 – 35:00 of Professor Nesson’s oral argument]&lt;br /&gt;
&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-on-the-role-of-cvm-tv-in-the-courtroom VIDEO: Role of TV in the courtroom]&lt;br /&gt;
&lt;br /&gt;
A future course offering can consider further discussion or background reading on how the courts reacted to television in the courtroom.  This serves as a historical snapshot of how the Court reacted the last time it was confronted with a new and revolutionary communication technology.  Potential references for such a discussion include the following cases:&lt;br /&gt;
&lt;br /&gt;
Reference: [http://supreme.justia.com/us/381/532/case.html Estes v. Texas, 381 U.S. 532, 596-97 (focus on the majority opinion)]&lt;br /&gt;
&lt;br /&gt;
Reference:  [http://supreme.justia.com/us/449/560/case.html Chandler v. Florida, 449 U.S. 560 (1981)]&lt;br /&gt;
&lt;br /&gt;
Another possibility for a future offering includes a discussion about Professor Nesson&#039;s argument in which he asserts that the Internet is an open mode of free communication untarnished by intermediaries.  Potential references for such a discussion include:&lt;br /&gt;
 &lt;br /&gt;
Reference: [http://homes.eff.org/~barlow/Declaration-Final.html John Perry Barlow&#039;s Declaration of Independence]&lt;br /&gt;
&lt;br /&gt;
Reference: [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=948226 Seth Kreimer.  Censorship by Proxy: The First Amendment, Internet Intermediaries, and the Problem of the Weakest Link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Constitutional underpinnings&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
[http://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution The Sixth Amendment, granting the right to public criminal trials]&lt;br /&gt;
&lt;br /&gt;
[http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Sections I and II of Tenenbaum&#039;s brief, arguing that Tenenbaum is entitled to the rights of a criminal defendant]&lt;br /&gt;
&lt;br /&gt;
A future class offering may include other Constitutional dimensions to the open courtroom issue.  Some relevant cases include:&lt;br /&gt;
&lt;br /&gt;
First Amendment: [http://supreme.justia.com/us/448/555/case.html Richmond Newspapers, Inc. v. Virginia] and [http://altlaw.org/v1/cases/544697 Section II of Publicker Indus. v. Cohen, 733 F.2d 1059].&lt;br /&gt;
&lt;br /&gt;
Due Process: [http://supreme.justia.com/us/381/532/case.html Estes v. Texas, 381 U.S. 532, 596-97 (focus on the majority opinion)]&lt;br /&gt;
&lt;br /&gt;
Additional materials not referenced above:&lt;br /&gt;
&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition to appeal]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by Courtroom View Network]&lt;br /&gt;
* [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
* [http://tlp.law.pitt.edu/articles/Stawicki.pdf &amp;quot;The Future of Cameras in the Courts: Florida Sunshine or Judge Judy,&amp;quot; an article that sets forth the current state of the law in federal and state courts and the view of the federal judiciary regarding cameras in the courtroom]&lt;br /&gt;
&lt;br /&gt;
=== Some Lingering Questions For Discussion  ===&lt;br /&gt;
* What other options are available to the RIAA? Are any other groups affected by piracy that could prosecute/take action in the RIAA&#039;s stead?&lt;br /&gt;
* So is the RIAA doing just the right thing, then? Advertising huge penalties in order to get the deterrent effect, but then nicely only seeking $2.5K or so when they nab a particular file sharer -- closer to actual damages.&lt;br /&gt;
* But is it *fair* (right? constitutional?) for some users to pay for the sins of all users?&lt;br /&gt;
* What can the publicity accomplish? Get people to boycott the record companies? Get people to lobby their congressmen for legislative change? Shame the jury/judge? Something else? Realistic?&lt;br /&gt;
* Did the presence of so many cameras around the OJ Simpson trial change the trial? &lt;br /&gt;
* Can any legally sophisticated argument be made that the 1st Cir. resolution against televised proceedings is invalid because nobody could (until now) find it, hence there&#039;s been no notice? &lt;br /&gt;
* Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute? Or is the right to view trials over the Internet a fundamental right?&lt;br /&gt;
&lt;br /&gt;
== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? ==&lt;br /&gt;
&lt;br /&gt;
We have spent the class discussing tensions that arise when old laws and new media intersect.  How can we best address these issues?  Is any of the following options superior, or is a combination required?&lt;br /&gt;
&lt;br /&gt;
* Abandon the old laws and use self-help or create private sector enforcement&lt;br /&gt;
** Example: RIAA&#039;s new enforcement strategy, which asks ISPs to remove or restrict the Internet access of alleged repeat infringers [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
* Continue employing the existing imperfect statutory scheme&lt;br /&gt;
** Example: the recording industry&#039;s litigation campaign against individual file sharers and file sharing services, as evidenced in the Tenenbaum case&lt;br /&gt;
* Let courts adapt the case law to technology&lt;br /&gt;
** Example: Grokster, where the Supreme Court created a new variation on contributory liability&lt;br /&gt;
** Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
** Example: Sony &amp;quot;Betamax&amp;quot; case, where the court precluded liability for technologies that had both infringing and noninfringing uses&lt;br /&gt;
* Lobby for new laws in Congress&lt;br /&gt;
** Digital Millennium Copyright Act, which provides a means for copyright owners to request removal of allegedly infringing content while providing protections for ISPs&lt;br /&gt;
* Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
** One argument: [http://www.newsweek.com/id/176809/output/Lessig article]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media/teachingguide&amp;diff=2443</id>
		<title>Old Laws/New Media/teachingguide</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media/teachingguide&amp;diff=2443"/>
		<updated>2009-05-01T16:46:04Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Teaching Guide for [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]&lt;br /&gt;
&lt;br /&gt;
Back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this page is to provide additional teaching insights into presenting a class on [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]&lt;br /&gt;
&lt;br /&gt;
== Class Overview ==&lt;br /&gt;
As you can see, the class is divided into three parts:&lt;br /&gt;
*[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Part_I._Background Part I. Background]&lt;br /&gt;
*[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Part_II._Case_study:_RIAA_vs._Tenenbaum Part II. Case study: RIAA vs. Tenenbaum]&lt;br /&gt;
**[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#RIAA.27s_use_of_the_Copyright_Act RIAA&#039;s use of the Copyright Act]&lt;br /&gt;
**[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users]&lt;br /&gt;
**[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms New Technology vs. Courtroom Norms]&lt;br /&gt;
*[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Part_III._Closing_Discussion:_Which_are_the_most_promising_ways_to_adjust_old_laws_to_new_media.3F Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media?]&lt;br /&gt;
&lt;br /&gt;
The class is based on a theory-and-practice model. The structure of this class is an hourglass: starting with the largest topic, honing in on particular issues associated with that theme, and then broadening the discussion in the end to leave students thinking about further applications.  We executed the class using a variety of software tools to encourage conversation on various levels, although the conventional wisdom is that class discussion are far deeper and meaningful without student access to their laptops.&lt;br /&gt;
&lt;br /&gt;
As you can see, the topic leaves [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Some_Lingering_Questions_For_Discussion lingering questions]. And that&#039;s okay.&lt;br /&gt;
&lt;br /&gt;
== Resources ==&lt;br /&gt;
&lt;br /&gt;
We encourage presenters to have a background familiarity with the basic copyright cases and some exposure to the various arguments on these topics in order to ensure a balanced presentation of the material.  Some helpful resources to prepare:&lt;br /&gt;
*[http://www.tfisher.org/PTK.htm Promises to Keep by Professor Fisher]&lt;br /&gt;
*[http://www.tfisher.org/FairUse.pdf Restructuring the Fair Use Doctrine by Professor Fisher]&lt;br /&gt;
*[http://www.wired.com/entertainment/music/magazine/16-01/ff_byrne?currentPage=all David Byrne&#039;s Survival Strategies for Emerging Artists – AndMegastars]&lt;br /&gt;
*[http://pogue.blogs.nytimes.com/2007/12/20/the-generational-divide-in-copyright-morality/ David Pogue, &amp;quot;The Generational Divide in Copyright Morality&amp;quot; (NY Times, Dec 20, 2007)]&lt;br /&gt;
*[http://www.wired.com/wired/archive/2.03/economy.ideas.html John Perry Barlow, The Economy of Ideas, 2.03 WIRED 84 (1994)]&lt;br /&gt;
*[http://www.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Metro-Goldwyn-Mayer, Inc. v. Grokster, 125 S. Ct. 2764 (2005)]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
For our version of the class, we divided the students into three groups to best make use of various communications tools that supplemented the old methods of class interaction.  Each group utilized a tool in a way that builds upon other groups&#039; actions and furthers the class dialogue.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Analysis&#039;&#039;&#039;: We found the various use of new media to be both enhancing and distracting.  On a whole, students are not quite used to the multi-tasking that is required by twittering, thinking about questions, responding to statements, and actually paying attention to a speaker.  We believe that there is continued value in supplementing a class based on old laws/new media with some new media class interaction -- considering that it underscores the very topic of the class.  But we advocate that recommendation with some hesitation as it does distract some students from fully paying attention during presentations.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
**&#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
**&#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
All groups were encouraged to reference the &#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039; during class.  The Tenenbaum defense team created the website to help supporters follow the case and interact with the team.&lt;br /&gt;
&lt;br /&gt;
Good luck!&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2442</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2442"/>
		<updated>2009-05-01T16:42:16Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Back to [[syllabus]]&lt;br /&gt;
[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media/teachingguide Teaching guide to class]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this class is to explore the tension between old laws and new media.  The Internet has threatened the way &amp;quot;traditional&amp;quot; companies do business and has challenged the &amp;quot;traditional&amp;quot; norms of the courtroom.  Many industries have attempted to preserve their existing business models by enforcing pre-Internet legal regimes without acknowledging the possible need for change due to new media.  They contend that laws must be uniformly and systematically applied, despite changes in culture and society.  Critics of this approach argue that the old laws are ill-suited for the purpose of regulating new media because they threaten to slow innovation and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
One of the clearest examples of this tension is the recording industry&#039;s struggle to adapt to Internet distribution of music.  Using a timely case study from a music file-sharing case defended by a Harvard Law School professor and students, this class will explore the tension between old laws and new media, evaluate strategies that have been used to address the challenges, and attempt to identify the best methods of going forward.&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson].&lt;br /&gt;
&lt;br /&gt;
Professor Nesson is a Harvard Law School professor and a founder of the [http://cyber.law.harvard.edu/ Berkman Center for Internet &amp;amp; Society].  Since Fall 2008, Prof. Nesson has defended Boston University student Joel Tenenbaum in a file-sharing lawsuit brought by the recording industry.&lt;br /&gt;
&lt;br /&gt;
== Part I. Background ==&lt;br /&gt;
&lt;br /&gt;
The course will open with a brief overview of tensions that arise when we attempt to apply old laws to new media.  The discussion will touch upon major points of conflict that have arisen in recent years, focusing on issues in Internet communications and media.  The discussion will then address the changing landscape of online music distribution to prep for the file-sharing case study to follow.  The below readings inform this discussion:&lt;br /&gt;
&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* [http://www.rtnda.org/pages/media_items/legal-notes-in-a-brave-new-world-old-laws-still-apply1016.php In a Brave New World, Old Laws Still Exist]&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later RIAA vs. The People: Five Years later]&lt;br /&gt;
* [http://www.riaa.com/physicalpiracy.php RIAA&#039;s view on piracy] &amp;amp; [http://www.riaa.com/whatwedo.php The RIAA: What we do]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
== Part II. Case study: RIAA vs. Tenenbaum ==&lt;br /&gt;
Joel Tenenbaum, a 25-year-old Physics graduate student at Boston University, was sued in 2007 by the Recording Industry Association of American (RIAA) for allegedly downloading seven music files and making them available for distribution on the KaZaA file-sharing network.  Prior to the lawsuit, Joel offered to settle the dispute for $500, but the music companies rejected demanded thousands more.  At trial, Joel faces statutory damages under the Copyright Act of $750 to $30,000 for each infringement, or up to $150,000 each if he is found to have engaged in a &amp;quot;willful violation.&amp;quot;  Tenenbaum could be forced to pay more than $1 million in damages over seven songs.  In the fall of 2008, Harvard Law School professor Charles Nesson – with the help of a team of students – came to Tenenbaum&#039;s defense.  See [http://arstechnica.com/tech-policy/news/2009/02/tell-the-riaa-to-take-a-hike-how-harvard-law-threw-down-the-gauntlet.ars How Harvard Threw Down the Gauntlet to the RIAA] for a quick background on the case.&lt;br /&gt;
&lt;br /&gt;
Further readings:&lt;br /&gt;
&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* More information at [http://www.joelfightsback.com Joel Fights Back]&lt;br /&gt;
* Reference: [http://info.riaalawsuits.us/howriaa_printable.htm How RIAA Litigation suits work]&lt;br /&gt;
* Reference: [http://recordingindustryvspeople.blogspot.com/ Ray Beckerman&#039;s Blog]&lt;br /&gt;
&lt;br /&gt;
=== RIAA&#039;s use of the Copyright Act ===&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider:&lt;br /&gt;
&lt;br /&gt;
** Is the changing landscape of copyright infringement relevant in considering whether the Act&#039;s statutory damages are unconstitutionally disproportionate to the actual damages -- and if they are impermissibly punitive if so?&lt;br /&gt;
** Similarly, whereas pre-Internet copyright infringement typically involved commercial uses, the Internet has enabled widespread copying by non-commercial users.  Should courts&#039; application of the fair use doctrine be tuned to take into account the non-commercial nature of most file-sharing?  Should we create a separate statutory damages regime for non-commercial uses?&lt;br /&gt;
** The bottom line is that there is a statute that seems to prohibiting online file-sharing that awards significant statutory damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
Our discussion here centered around a debate between Prof. Nesson (who in a role-reversal will argue for RIAA) and Prof. Fisher (who will argue as Prof. Nesson).  The debate focused on the bigger-picture policy and normative issues, rather than applying/distinguishing caselaw.  &lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
* [http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum VIDEO: Arguments between Professors Nesson and Fisher]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
=== New Technology vs. Courtroom Norms ===&lt;br /&gt;
&lt;br /&gt;
This portion of the class session dealt with the tension between pre-Internet courtroom traditions and rules versus modern-day expectations for transparency and instant access to which the Internet has given rise.  This issue came to the fore in the Tenenbaum case when Joel filed a motion to webcast his trial.  Our IIF session occurred after the District Court granted the motion but before the First Circuit Court of Appeals reversed the District Court.  The arguments before the First Circuit and the First Circuit&#039;s subsequent decision added a rich body of materials from which a future class should draw.  The outline below is updated to reflect this. &lt;br /&gt;
&lt;br /&gt;
A future course offering can focus the students&#039; reading on the following two decisions (only one of which was available for our class session). &lt;br /&gt;
&lt;br /&gt;
Suggested Reading:  [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner’s opinion]&lt;br /&gt;
&lt;br /&gt;
Suggested Reading:  [http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1090P.01A First Circuit reversal]&lt;br /&gt;
&lt;br /&gt;
Further reading: [http://joelfightsback.com/2009/04/webcast-legal-issues/ Summary of legal issues, by Morris Singer and the Tenenbaum defense team]&lt;br /&gt;
&lt;br /&gt;
Further listening: [http://www.ca1.uscourts.gov/files/audio/09-1090.mp3 Oral arguments before the First Circuit]&lt;br /&gt;
&lt;br /&gt;
Our IIF class session and the oral arguments at the First Circuit presented a diverse array of dimensions to this issue: from the common law tradition of a public trial, to OJ Simpson, to the Constitutional underpinnings of the right to an open courtroom.  Below is a suggestion on how to organize these issues for a future class offering, as well as links to relevant source materials.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;The common law tradition of an open courtroom&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-on-the-majesty-of-the-federal-courts VIDEO: Professor Nesson&#039;s thoughts on the majesty of the courts]&lt;br /&gt;
&lt;br /&gt;
Oral Argument excerpt: [http://www.ca1.uscourts.gov/files/audio/09-1090.mp3  Listen to minutes 36:00 – 36:30 of Professor Nesson’s oral argument, discussing the &amp;quot;village&amp;quot; being present for trial proceedings]&lt;br /&gt;
&lt;br /&gt;
Suggestion on reference for the historical development of open trials: [http://www.crimetheory.com/Archive/Beccaria/Beccaria15.htm On Crimes and Punishments 15] &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;The Internet as compared to television&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-and-a-brief-history-of-media-in-the-courts VIDEO: Professor Nesson on OJ Simpson&#039;s impact on cameras in the court]&lt;br /&gt;
&lt;br /&gt;
[http://www.ca1.uscourts.gov/files/audio/09-1090.mp3  Audio: Listen to minutes 32:15 – 35:00 of Professor Nesson’s oral argument]&lt;br /&gt;
&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-on-the-role-of-cvm-tv-in-the-courtroom VIDEO: Role of TV in the courtroom]&lt;br /&gt;
&lt;br /&gt;
A future course offering can consider further discussion or background reading on how the courts reacted to television in the courtroom.  This serves as a historical snapshot of how the Court reacted the last time it was confronted with a new and revolutionary communication technology.  Potential references for such a discussion include the following cases:&lt;br /&gt;
&lt;br /&gt;
Reference: [http://supreme.justia.com/us/381/532/case.html Estes v. Texas, 381 U.S. 532, 596-97 (focus on the majority opinion)]&lt;br /&gt;
&lt;br /&gt;
Reference:  [http://supreme.justia.com/us/449/560/case.html Chandler v. Florida, 449 U.S. 560 (1981)]&lt;br /&gt;
&lt;br /&gt;
Another possibility for a future offering includes a discussion about Professor Nesson&#039;s argument in which he asserts that the Internet is an open mode of free communication untarnished by intermediaries.  Potential references for such a discussion include:&lt;br /&gt;
 &lt;br /&gt;
Reference: [http://homes.eff.org/~barlow/Declaration-Final.html John Perry Barlow&#039;s Declaration of Independence]&lt;br /&gt;
&lt;br /&gt;
Reference: [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=948226 Seth Kreimer.  Censorship by Proxy: The First Amendment, Internet Intermediaries, and the Problem of the Weakest Link]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Constitutional underpinnings&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
[http://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution The Sixth Amendment, granting the right to public criminal trials]&lt;br /&gt;
&lt;br /&gt;
[http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Sections I and II of Tenenbaum&#039;s brief, arguing that Tenenbaum is entitled to the rights of a criminal defendant]&lt;br /&gt;
&lt;br /&gt;
A future class offering may include other Constitutional dimensions to the open courtroom issue.  Some relevant cases include:&lt;br /&gt;
&lt;br /&gt;
First Amendment: [http://supreme.justia.com/us/448/555/case.html Richmond Newspapers, Inc. v. Virginia] and [http://altlaw.org/v1/cases/544697 Section II of Publicker Indus. v. Cohen, 733 F.2d 1059].&lt;br /&gt;
&lt;br /&gt;
Due Process: [http://supreme.justia.com/us/381/532/case.html Estes v. Texas, 381 U.S. 532, 596-97 (focus on the majority opinion)]&lt;br /&gt;
&lt;br /&gt;
Additional materials not referenced above:&lt;br /&gt;
&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition to appeal]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by Courtroom View Network]&lt;br /&gt;
* [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
* [http://tlp.law.pitt.edu/articles/Stawicki.pdf &amp;quot;The Future of Cameras in the Courts: Florida Sunshine or Judge Judy,&amp;quot; an article that sets forth the current state of the law in federal and state courts and the view of the federal judiciary regarding cameras in the courtroom]&lt;br /&gt;
&lt;br /&gt;
=== Some Lingering Questions For Discussion  ===&lt;br /&gt;
* What other options are available to the RIAA? Are any other groups affected by piracy that could prosecute/take action in the RIAA&#039;s stead?&lt;br /&gt;
* So is the RIAA doing just the right thing, then? Advertising huge penalties in order to get the deterrent effect, but then nicely only seeking $2.5K or so when they nab a particular file sharer -- closer to actual damages.&lt;br /&gt;
* But is it *fair* (right? constitutional?) for some users to pay for the sins of all users?&lt;br /&gt;
* What can the publicity accomplish? Get people to boycott the record companies? Get people to lobby their congressmen for legislative change? Shame the jury/judge? Something else? Realistic?&lt;br /&gt;
* Did the presence of so many cameras around the OJ Simpson trial change the trial? &lt;br /&gt;
* Can any legally sophisticated argument be made that the 1st Cir. resolution against televised proceedings is invalid because nobody could (until now) find it, hence there&#039;s been no notice? &lt;br /&gt;
* Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute? Or is the right to view trials over the Internet a fundamental right?&lt;br /&gt;
&lt;br /&gt;
== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? ==&lt;br /&gt;
&lt;br /&gt;
We have spent the class discussing tensions that arise when old laws and new media intersect.  How can we best address these issues?  Is any of the following options superior, or is a combination required?&lt;br /&gt;
&lt;br /&gt;
* Abandon the old laws and use self-help or create private sector enforcement&lt;br /&gt;
** Example: RIAA&#039;s new enforcement strategy, which asks ISPs to remove or restrict the Internet access of alleged repeat infringers [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
* Continue employing the existing imperfect statutory scheme&lt;br /&gt;
** Example: the recording industry&#039;s litigation campaign against individual file sharers and file sharing services, as evidenced in the Tenenbaum case&lt;br /&gt;
* Let courts adapt the case law to technology&lt;br /&gt;
** Example: Grokster, where the Supreme Court created a new variation on contributory liability&lt;br /&gt;
** Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
** Example: Sony &amp;quot;Betamax&amp;quot; case, where the court precluded liability for technologies that had both infringing and noninfringing uses&lt;br /&gt;
* Lobby for new laws in Congress&lt;br /&gt;
** Digital Millennium Copyright Act, which provides a means for copyright owners to request removal of allegedly infringing content while providing protections for ISPs&lt;br /&gt;
* Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
** One argument: [http://www.newsweek.com/id/176809/output/Lessig article]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
The class will be divided into three groups to best make use of new communications tools that supplement the old methods of class interaction.  Each group will utilize a tool in a way that builds upon other groups&#039; actions and furthers the class dialogue.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** &#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * [List question tool group members here]&lt;br /&gt;
&lt;br /&gt;
** &#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * [List question tool voters here]&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
    * [List Twitter users here]&lt;br /&gt;
&lt;br /&gt;
All groups are encourage to reference the &#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039; during class.  The Tenenbaum defense team created the website to help supporters follow the case and interact with the team.&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media/teachingguide&amp;diff=2441</id>
		<title>Old Laws/New Media/teachingguide</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media/teachingguide&amp;diff=2441"/>
		<updated>2009-05-01T16:40:32Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Teaching Guide for [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this page is to provide additional teaching insights into presenting a class on [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]&lt;br /&gt;
&lt;br /&gt;
== Class Overview ==&lt;br /&gt;
As you can see, the class is divided into three parts:&lt;br /&gt;
*[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Part_I._Background Part I. Background]&lt;br /&gt;
*[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Part_II._Case_study:_RIAA_vs._Tenenbaum Part II. Case study: RIAA vs. Tenenbaum]&lt;br /&gt;
**[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#RIAA.27s_use_of_the_Copyright_Act RIAA&#039;s use of the Copyright Act]&lt;br /&gt;
**[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users]&lt;br /&gt;
**[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms New Technology vs. Courtroom Norms]&lt;br /&gt;
*[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Part_III._Closing_Discussion:_Which_are_the_most_promising_ways_to_adjust_old_laws_to_new_media.3F Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media?]&lt;br /&gt;
&lt;br /&gt;
The class is based on a theory-and-practice model. The structure of this class is an hourglass: starting with the largest topic, honing in on particular issues associated with that theme, and then broadening the discussion in the end to leave students thinking about further applications.  We executed the class using a variety of software tools to encourage conversation on various levels, although the conventional wisdom is that class discussion are far deeper and meaningful without student access to their laptops.&lt;br /&gt;
&lt;br /&gt;
== Resources ==&lt;br /&gt;
&lt;br /&gt;
We encourage presenters to have a background familiarity with the basic copyright cases and some exposure to the various arguments on these topics in order to ensure a balanced presentation of the material.  Some helpful resources to prepare:&lt;br /&gt;
*[http://www.tfisher.org/PTK.htm Promises to Keep by Professor Fisher]&lt;br /&gt;
*[http://www.tfisher.org/FairUse.pdf Restructuring the Fair Use Doctrine by Professor Fisher]&lt;br /&gt;
*[http://www.wired.com/entertainment/music/magazine/16-01/ff_byrne?currentPage=all David Byrne&#039;s Survival Strategies for Emerging Artists – AndMegastars]&lt;br /&gt;
*[http://pogue.blogs.nytimes.com/2007/12/20/the-generational-divide-in-copyright-morality/ David Pogue, &amp;quot;The Generational Divide in Copyright Morality&amp;quot; (NY Times, Dec 20, 2007)]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
For our version of the class, we divided the students into three groups to best make use of various communications tools that supplemented the old methods of class interaction.  Each group utilized a tool in a way that builds upon other groups&#039; actions and furthers the class dialogue.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Analysis&#039;&#039;&#039;: We found the various use of new media to be both enhancing and distracting.  On a whole, students are not quite used to the multi-tasking that is required by twittering, thinking about questions, responding to statements, and actually paying attention to a speaker.  We believe that there is continued value in supplementing a class based on old laws/new media with some new media class interaction -- considering that it underscores the very topic of the class.  But we advocate that recommendation with some hesitation as it does distract some students from fully paying attention during presentations.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
**&#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
**&#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
All groups were encouraged to reference the &#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039; during class.  The Tenenbaum defense team created the website to help supporters follow the case and interact with the team.&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media/teachingguide&amp;diff=2440</id>
		<title>Old Laws/New Media/teachingguide</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media/teachingguide&amp;diff=2440"/>
		<updated>2009-05-01T16:36:32Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Teaching Guide for [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this page is to provide additional teaching insights into presenting a class on [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]&lt;br /&gt;
&lt;br /&gt;
== Class Overview ==&lt;br /&gt;
As you can see, the class is divided into three parts:&lt;br /&gt;
*[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Part_I._Background Part I. Background]&lt;br /&gt;
*[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Part_II._Case_study:_RIAA_vs._Tenenbaum Part II. Case study: RIAA vs. Tenenbaum]&lt;br /&gt;
**[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#RIAA.27s_use_of_the_Copyright_Act RIAA&#039;s use of the Copyright Act]&lt;br /&gt;
**[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users]&lt;br /&gt;
**[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms New Technology vs. Courtroom Norms]&lt;br /&gt;
*[http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#Part_III._Closing_Discussion:_Which_are_the_most_promising_ways_to_adjust_old_laws_to_new_media.3F Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media?]&lt;br /&gt;
&lt;br /&gt;
The class is based on a theory-and-practice model. The structure of this class is an hourglass: starting with the largest topic, honing in on particular issues associated with that theme, and then broadening the discussion in the end to leave students thinking about further applications.  We executed the class using a variety of software tools to encourage conversation on various levels, although the conventional wisdom is that class discussion are far deeper and meaningful without student access to their laptops.&lt;br /&gt;
&lt;br /&gt;
== Resources ==&lt;br /&gt;
&lt;br /&gt;
We encourage presenters to have a background familiarity with the basic copyright cases and some exposure to the various arguments on these topics in order to ensure a balanced presentation of the material.  Some helpful resources to prepare:&lt;br /&gt;
*[http://www.tfisher.org/PTK.htm Promises to Keep by Professor Fisher]&lt;br /&gt;
*[http://www.tfisher.org/FairUse.pdf Restructuring the Fair Use Doctrine by Professor Fisher]&lt;br /&gt;
*[http://www.wired.com/entertainment/music/magazine/16-01/ff_byrne?currentPage=all David Byrne&#039;s Survival Strategies for Emerging Artists – AndMegastars]&lt;br /&gt;
*[http://pogue.blogs.nytimes.com/2007/12/20/the-generational-divide-in-copyright-morality/ David Pogue, &amp;quot;The Generational Divide in Copyright Morality&amp;quot; (NY Times, Dec 20, 2007)]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
For our version of the class, we divided the students into three groups to best make use of various communications tools that supplemented the old methods of class interaction.  Each group utilized a tool in a way that builds upon other groups&#039; actions and furthers the class dialogue.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** &#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
** &#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
All groups were encouraged to reference the &#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039; during class.  The Tenenbaum defense team created the website to help supporters follow the case and interact with the team.&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media/teachingguide&amp;diff=2439</id>
		<title>Old Laws/New Media/teachingguide</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media/teachingguide&amp;diff=2439"/>
		<updated>2009-05-01T16:13:16Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: New page: Teaching Guide for [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;Teaching Guide for [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2299</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2299"/>
		<updated>2009-04-18T00:55:32Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this class is to explore the tension between old infrastructure and new media.  The Internet has threatened the way &amp;quot;traditional&amp;quot; companies do business and has challenged the &amp;quot;traditional&amp;quot; norms of the courtroom.  Many companies, such as the record labels in the music industry, have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes.  They contend that laws must be uniformly and systematically applied despite changes in culture and society.  Critics argue that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
One of the clearest examples of this tension is the RIAA and its struggles to adapt to Internet distribution of music.  Using a timely case study from our own backyard at Harvard Law School, the purposes of this class is to better understand the tension, evaluate strategies that have been used to address the challenges, and consider what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Part I. Background ==&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* [http://www.rtnda.org/pages/media_items/legal-notes-in-a-brave-new-world-old-laws-still-apply1016.php In a Brave New World, Old Laws Still Exist]&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later RIAA vs. The People: Five Years later]&lt;br /&gt;
* [http://www.riaa.com/physicalpiracy.php RIAA&#039;s view on piracy] &amp;amp; [http://www.riaa.com/whatwedo.php The RIAA: What we do]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
== Part II. Case study: RIAA vs. Tenenbaum ==&lt;br /&gt;
Joel Tenenbaum, a 25-year old graduate student in Physics at Boston University, was sued by the Recording Industry Association of American (RIAA), the trade group that represents the U.S. recording industry, for making seven music files available for distribution on the KaZaA file-sharing network in 2003.  He offered to settle the case for $500, but music companies rejected that, demanding $12,000.  The Digital Theft Deterrence Act, the law at issue in the case, sets damages of $750 to $30,000 for each infringement, and as much as $150,000 for a &amp;quot;willful violation.&amp;quot;  Tenenbaum could be forced to pay more than $1 million in statutory damages if it was determined that his alleged actions were intentional.  In the fall of 2008, Harvard Law School professor Charles Nesson – with the help of a small team of students – came to Tenenbaum&#039;s defense on a pro bono basis.  See, also [http://arstechnica.com/tech-policy/news/2009/02/tell-the-riaa-to-take-a-hike-how-harvard-law-threw-down-the-gauntlet.ars How Harvard Threw Down the Gauntlet to the RIAA]&lt;br /&gt;
&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* More information at [http://www.joelfightsback.com Joel Fights Back]&lt;br /&gt;
* Reference: [http://info.riaalawsuits.us/howriaa_printable.htm How RIAA Litigation suits work]&lt;br /&gt;
* Reference: [http://recordingindustryvspeople.blogspot.com/ Ray Beckerman&#039;s Blog]&lt;br /&gt;
&lt;br /&gt;
=== RIAA&#039;s use of the Copyright Act ===&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider:&lt;br /&gt;
&lt;br /&gt;
** Is the changing landscape of copyright infringement relevant in considering whether the Act&#039;s statutory damages are unconstitutionally disproportionate to the actual damages -- and if they are impermissibly punitive if so?&lt;br /&gt;
** Similarly, whereas pre-Internet copyright infringement typically involved commercial uses, the Internet has enabled widespread copying by non-commercial users.  Should courts&#039; application of the fair use doctrine be tuned to take into account the non-commercial nature of most file-sharing?  Should we create a separate statutory damages regime for non-commercial uses?&lt;br /&gt;
** The bottom line is that there is a statute that seems to prohibiting online file-sharing that awards significant statutory damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
Our discussion here centered around a debate between Prof. Nesson (who in a role-reversal will argue for RIAA) and Prof. Fisher (who will argue as Prof. Nesson).  The debate focused on the bigger-picture policy and normative issues, rather than applying/distinguishing caselaw.  &lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
* [http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum VIDEO: Arguments between Professors Nesson and Fisher]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
=== New Technology vs. Courtroom Norms ===&lt;br /&gt;
&lt;br /&gt;
Our discussion here will center around a debate amongst the students.  We are splitting you up into two groups, one to argue that webcasting of trial proceedings should be allowed and another to argue that it should not be allowed.  Again, we&#039;d like to focus on policy issues rather than specific rules.  Here are the group assignments:&lt;br /&gt;
 &lt;br /&gt;
* Argue that webcasting trial proceedings should be allowed: AndrewKlaber; Ayelet; Bepa; CKennedy; Cooper; DAL; danray; Dharmishta; Dulles; Elanaberkowitz; EST; g&lt;br /&gt;
* Argue that webcasting trial proceedings should not be allowed: Gwen; Hoellra; jf; Jfishman; Jgruensp; lbaker; Mchua; Megerman; Miriam; Mwansley; Seth Woodworth; AMehra&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider:&lt;br /&gt;
&lt;br /&gt;
** Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute?  Or is the right to view trials over the Internet a fundamental right -- analogous to the constitutional right to physically attend trials in the courtroom, just updated to account for modern technology?&lt;br /&gt;
** Is the opportunity for education brought about by webcasting trials outweighed by the opportunity for mis-education if the media devolves into soundbites and sensationalism?&lt;br /&gt;
** How should we value, and by what standard should we judge, the privacy rights and privacy requests of the various parties involved in a litigation (judge, jury, lawyers, litigants, victims, witnesses)?&lt;br /&gt;
&lt;br /&gt;
=====Internet and recording technology in the courtroom=====&lt;br /&gt;
* [http://bigthink.com/ideas/charlie-nesson-and-a-brief-history-of-media-in-the-courts VIDEO: A Brief History of Media in the Courts]&lt;br /&gt;
* [http://bigthink.com/ideas/charlie-nesson-on-the-majesty-of-the-federal-courts VIDEO: Professor Nesson&#039;s thoughts on the majesty of the federal courts]&lt;br /&gt;
* [http://bigthink.com/ideas/charlie-nesson-on-the-role-of-cvm-tv-in-the-courtroom VIDEO: Role of TV in the courtroom]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Readings:&lt;br /&gt;
* [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision re: Motion to Admit Internet]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition to appeal]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by Courtroom View Network]&lt;br /&gt;
* [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
&lt;br /&gt;
Follow up:&lt;br /&gt;
&lt;br /&gt;
* [http://www.ca1.uscourts.gov/files/audio/09-1090.mp3 Oral Arguments from First Circuit Court of Appeals]&lt;br /&gt;
* [http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1090P.01A. First Circuit Ruling to Block Webcast of Tenenbaum&#039;s case]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Some Lingering Questions  ===&lt;br /&gt;
* What other options are available to the RIAA? Are any other groups affected by piracy that could prosecute/take action in the RIAA&#039;s stead?&lt;br /&gt;
* So isn&#039;t the RIAA doing just the right thing, then? Advertising huge penalties in order to get the deterrent effect, but then nicely only seeking $2.5K or so when they nab a particular file sharer -- closer to actual damages.&lt;br /&gt;
* But is it *fair* (right? constitutional?) for some users to pay for the sins of all users?&lt;br /&gt;
* What can the publicity accomplish? Get people to boycott the record companies? Get people to lobby their congressmen for legislative change? Shame the jury/judge? Something else? Realistic?&lt;br /&gt;
* Did the presence of so many cameras around the OJ Simpson trial change the trial? &lt;br /&gt;
* Can any legally sophisticated argument be made that the 1st Cir. resolution against televised proceedings is invalid because nobody could (until now) find it, hence there&#039;s been no notice? &lt;br /&gt;
* Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute? Or is the right to view trials over the Internet a fundamental right?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? ==&lt;br /&gt;
&lt;br /&gt;
* Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
** Example: RIAA&#039;s new enforcement strategy [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
* Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
** Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
* Let courts adapt the case law to technology =====&lt;br /&gt;
** Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
** Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
** Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
* Lobby for new laws in Congress&lt;br /&gt;
** Digital Millennium Copyright Act&lt;br /&gt;
* Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
** [http://www.newsweek.com/id/176809/output/Lessig article]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** &#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:Dharmishta&lt;br /&gt;
    * User:dulles&lt;br /&gt;
    * User:Elanaberkowitz&lt;br /&gt;
    * User:EST&lt;br /&gt;
    * User:g&lt;br /&gt;
    * User:Gwen&lt;br /&gt;
    * User:Hoellra&lt;br /&gt;
&lt;br /&gt;
** &#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:jf&lt;br /&gt;
    * User: Jfishman&lt;br /&gt;
    * User:Jgruensp&lt;br /&gt;
    * User:JZ&lt;br /&gt;
    * User:lbaker&lt;br /&gt;
    * User:Mchua&lt;br /&gt;
    * User:Megerman&lt;br /&gt;
    * User:Miriam&lt;br /&gt;
    * User:Mwansley&lt;br /&gt;
    * User:Seth Woodworth&lt;br /&gt;
    * User:AMehra&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
    * User:AndrewKlaber&lt;br /&gt;
    * User:Ayelet&lt;br /&gt;
    * User:Bepa&lt;br /&gt;
    * User: CKennedy&lt;br /&gt;
    * User:Cooper&lt;br /&gt;
    * User:DAL&lt;br /&gt;
    * User:danray&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039;: We put up this website to help our supporters follow the case and interact with us as student lawyers. Spend some time on the site. What could be better? What would you like to see?&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2298</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2298"/>
		<updated>2009-04-18T00:53:35Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this class is to explore the tension between old infrastructure and new media.  The Internet has threatened the way &amp;quot;traditional&amp;quot; companies do business and has challenged the &amp;quot;traditional&amp;quot; norms of the courtroom.  Many companies, such as the record labels in the music industry, have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes.  They contend that laws must be uniformly and systematically applied despite changes in culture and society.  Critics argue that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
One of the clearest examples of this tension is the RIAA and its struggles to adapt to Internet distribution of music.  Using a timely case study from our own backyard at Harvard Law School, the purposes of this class is to better understand the tension, evaluate strategies that have been used to address the challenges, and consider what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Part I. Background ==&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* [http://www.rtnda.org/pages/media_items/legal-notes-in-a-brave-new-world-old-laws-still-apply1016.php In a Brave New World, Old Laws Still Exist]&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later RIAA vs. The People: Five Years later]&lt;br /&gt;
* [http://www.riaa.com/physicalpiracy.php RIAA&#039;s view on piracy] &amp;amp; [http://www.riaa.com/whatwedo.php The RIAA: What we do]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
== Part II. Case study: RIAA vs. Tenenbaum ==&lt;br /&gt;
Joel Tenenbaum, a 25-year old graduate student in Physics at Boston University, was sued by the Recording Industry Association of American (RIAA), the trade group that represents the U.S. recording industry, for making seven music files available for distribution on the KaZaA file-sharing network in 2003.  He offered to settle the case for $500, but music companies rejected that, demanding $12,000.  The Digital Theft Deterrence Act, the law at issue in the case, sets damages of $750 to $30,000 for each infringement, and as much as $150,000 for a &amp;quot;willful violation.&amp;quot;  Tenenbaum could be forced to pay more than $1 million in statutory damages if it was determined that his alleged actions were intentional.  In the fall of 2008, Harvard Law School professor Charles Nesson – with the help of a small team of students – came to Tenenbaum&#039;s defense on a pro bono basis.  See, also [http://arstechnica.com/tech-policy/news/2009/02/tell-the-riaa-to-take-a-hike-how-harvard-law-threw-down-the-gauntlet.ars How Harvard Threw Down the Gauntlet to the RIAA]&lt;br /&gt;
&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* More information at [http://www.joelfightsback.com Joel Fights Back]&lt;br /&gt;
* Reference: [http://info.riaalawsuits.us/howriaa_printable.htm How RIAA Litigation suits work]&lt;br /&gt;
* Reference: [http://recordingindustryvspeople.blogspot.com/ Ray Beckerman&#039;s Blog]&lt;br /&gt;
&lt;br /&gt;
=== RIAA&#039;s use of the Copyright Act ===&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider:&lt;br /&gt;
&lt;br /&gt;
** Is the changing landscape of copyright infringement relevant in considering whether the Act&#039;s statutory damages are unconstitutionally disproportionate to the actual damages -- and if they are impermissibly punitive if so?&lt;br /&gt;
** Similarly, whereas pre-Internet copyright infringement typically involved commercial uses, the Internet has enabled widespread copying by non-commercial users.  Should courts&#039; application of the fair use doctrine be tuned to take into account the non-commercial nature of most file-sharing?  Should we create a separate statutory damages regime for non-commercial uses?&lt;br /&gt;
** The bottom line is that there is a statute that seems to prohibiting online file-sharing that awards significant statutory damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
Our discussion here centered around a debate between Prof. Nesson (who in a role-reversal will argue for RIAA) and Prof. Fisher (who will argue as Prof. Nesson).  The debate focused on the bigger-picture policy and normative issues, rather than applying/distinguishing caselaw.  &lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
* [http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum VIDEO: Arguments between Professors Nesson and Fisher]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
=== New Technology vs. Courtroom Norms ===&lt;br /&gt;
&lt;br /&gt;
Our discussion here will center around a debate amongst the students.  We are splitting you up into two groups, one to argue that webcasting of trial proceedings should be allowed and another to argue that it should not be allowed.  Again, we&#039;d like to focus on policy issues rather than specific rules.  Here are the group assignments:&lt;br /&gt;
 &lt;br /&gt;
* Argue that webcasting trial proceedings should be allowed: AndrewKlaber; Ayelet; Bepa; CKennedy; Cooper; DAL; danray; Dharmishta; Dulles; Elanaberkowitz; EST; g&lt;br /&gt;
* Argue that webcasting trial proceedings should not be allowed: Gwen; Hoellra; jf; Jfishman; Jgruensp; lbaker; Mchua; Megerman; Miriam; Mwansley; Seth Woodworth; AMehra&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider:&lt;br /&gt;
&lt;br /&gt;
** Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute?  Or is the right to view trials over the Internet a fundamental right -- analogous to the constitutional right to physically attend trials in the courtroom, just updated to account for modern technology?&lt;br /&gt;
** Is the opportunity for education brought about by webcasting trials outweighed by the opportunity for mis-education if the media devolves into soundbites and sensationalism?&lt;br /&gt;
** How should we value, and by what standard should we judge, the privacy rights and privacy requests of the various parties involved in a litigation (judge, jury, lawyers, litigants, victims, witnesses)?&lt;br /&gt;
&lt;br /&gt;
=====Internet and recording technology in the courtroom=====&lt;br /&gt;
* [http://bigthink.com/ideas/charlie-nesson-and-a-brief-history-of-media-in-the-courts VIDEO: A Brief History of Media in the Courts]&lt;br /&gt;
* [http://bigthink.com/ideas/charlie-nesson-on-the-majesty-of-the-federal-courts VIDEO: Professor Nesson&#039;s thoughts on the majesty of the federal courts]&lt;br /&gt;
* [http://bigthink.com/ideas/charlie-nesson-on-the-role-of-cvm-tv-in-the-courtroom VIDEO: Role of TV in the courtroom]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Readings:&lt;br /&gt;
* [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision re: Motion to Admit Internet]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition to appeal]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by Courtroom View Network]&lt;br /&gt;
* [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
&lt;br /&gt;
Follow up:&lt;br /&gt;
&lt;br /&gt;
* [http://www.ca1.uscourts.gov/files/audio/09-1090.mp3 Oral Arguments from First Circuit Court of Appeals]&lt;br /&gt;
* [http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1090P.01A. First Circuit Ruling to Block Webcast of Tenenbaum&#039;s case]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Some Lingering Questions =====&lt;br /&gt;
* What other options are available to the RIAA? Are any other groups affected by piracy that could prosecute/take action in the RIAA&#039;s stead?&lt;br /&gt;
* So isn&#039;t the RIAA doing just the right thing, then? Advertising huge penalties in order to get the deterrent effect, but then nicely only seeking $2.5K or so when they nab a particular file sharer -- closer to actual damages.&lt;br /&gt;
* But is it *fair* (right? constitutional?) for some users to pay for the sins of all users?&lt;br /&gt;
* What can the publicity accomplish? Get people to boycott the record companies? Get people to lobby their congressmen for legislative change? Shame the jury/judge? Something else? Realistic?&lt;br /&gt;
* Did the presence of so many cameras around the OJ Simpson trial change the trial? &lt;br /&gt;
* Can any legally sophisticated argument be made that the 1st Cir. resolution against televised proceedings is invalid because nobody could (until now) find it, hence there&#039;s been no notice? &lt;br /&gt;
* Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute? Or is the right to view trials over the Internet a fundamental right?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? ==&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Example: RIAA&#039;s new enforcement strategy [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* Digital Millennium Copyright Act&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Optional: [http://www.newsweek.com/id/176809/output/Lessig article]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** &#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:Dharmishta&lt;br /&gt;
    * User:dulles&lt;br /&gt;
    * User:Elanaberkowitz&lt;br /&gt;
    * User:EST&lt;br /&gt;
    * User:g&lt;br /&gt;
    * User:Gwen&lt;br /&gt;
    * User:Hoellra&lt;br /&gt;
&lt;br /&gt;
** &#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:jf&lt;br /&gt;
    * User: Jfishman&lt;br /&gt;
    * User:Jgruensp&lt;br /&gt;
    * User:JZ&lt;br /&gt;
    * User:lbaker&lt;br /&gt;
    * User:Mchua&lt;br /&gt;
    * User:Megerman&lt;br /&gt;
    * User:Miriam&lt;br /&gt;
    * User:Mwansley&lt;br /&gt;
    * User:Seth Woodworth&lt;br /&gt;
    * User:AMehra&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
    * User:AndrewKlaber&lt;br /&gt;
    * User:Ayelet&lt;br /&gt;
    * User:Bepa&lt;br /&gt;
    * User: CKennedy&lt;br /&gt;
    * User:Cooper&lt;br /&gt;
    * User:DAL&lt;br /&gt;
    * User:danray&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039;: We put up this website to help our supporters follow the case and interact with us as student lawyers. Spend some time on the site. What could be better? What would you like to see?&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2297</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2297"/>
		<updated>2009-04-18T00:51:34Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this class is to explore the tension between old infrastructure and new media.  The Internet has threatened the way &amp;quot;traditional&amp;quot; companies do business and has challenged the &amp;quot;traditional&amp;quot; norms of the courtroom.  Many companies, such as the record labels in the music industry, have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes.  They contend that laws must be uniformly and systematically applied despite changes in culture and society.  Critics argue that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
One of the clearest examples of this tension is the RIAA and its struggles to adapt to Internet distribution of music.  Using a timely case study from our own backyard at Harvard Law School, the purposes of this class is to better understand the tension, evaluate strategies that have been used to address the challenges, and consider what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Part I. Background ==&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* [http://www.rtnda.org/pages/media_items/legal-notes-in-a-brave-new-world-old-laws-still-apply1016.php In a Brave New World, Old Laws Still Exist]&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later RIAA vs. The People: Five Years later]&lt;br /&gt;
* [http://www.riaa.com/physicalpiracy.php RIAA&#039;s view on piracy] &amp;amp; [http://www.riaa.com/whatwedo.php The RIAA: What we do]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
== Part II. Case study: RIAA vs. Tenenbaum ==&lt;br /&gt;
Joel Tenenbaum, a 25-year old graduate student in Physics at Boston University, was sued by the Recording Industry Association of American (RIAA), the trade group that represents the U.S. recording industry, for making seven music files available for distribution on the KaZaA file-sharing network in 2003.  He offered to settle the case for $500, but music companies rejected that, demanding $12,000.  The Digital Theft Deterrence Act, the law at issue in the case, sets damages of $750 to $30,000 for each infringement, and as much as $150,000 for a &amp;quot;willful violation.&amp;quot;  Tenenbaum could be forced to pay more than $1 million in statutory damages if it was determined that his alleged actions were intentional.  In the fall of 2008, Harvard Law School professor Charles Nesson – with the help of a small team of students – came to Tenenbaum&#039;s defense on a pro bono basis.  See, also [http://arstechnica.com/tech-policy/news/2009/02/tell-the-riaa-to-take-a-hike-how-harvard-law-threw-down-the-gauntlet.ars How Harvard Threw Down the Gauntlet to the RIAA]&lt;br /&gt;
&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* More information at [http://www.joelfightsback.com Joel Fights Back]&lt;br /&gt;
* Reference: [http://info.riaalawsuits.us/howriaa_printable.htm How RIAA Litigation suits work]&lt;br /&gt;
* Reference: [http://recordingindustryvspeople.blogspot.com/ Ray Beckerman&#039;s Blog]&lt;br /&gt;
&lt;br /&gt;
=== A. RIAA&#039;s use of the Copyright Act ===&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider:&lt;br /&gt;
&lt;br /&gt;
** Is the changing landscape of copyright infringement relevant in considering whether the Act&#039;s statutory damages are unconstitutionally disproportionate to the actual damages -- and if they are impermissibly punitive if so?&lt;br /&gt;
** Similarly, whereas pre-Internet copyright infringement typically involved commercial uses, the Internet has enabled widespread copying by non-commercial users.  Should courts&#039; application of the fair use doctrine be tuned to take into account the non-commercial nature of most file-sharing?  Should we create a separate statutory damages regime for non-commercial uses?&lt;br /&gt;
** The bottom line is that there is a statute that seems to prohibiting online file-sharing that awards significant statutory damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
Our discussion here centered around a debate between Prof. Nesson (who in a role-reversal will argue for RIAA) and Prof. Fisher (who will argue as Prof. Nesson).  The debate focused on the bigger-picture policy and normative issues, rather than applying/distinguishing caselaw.  &lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
* [http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum VIDEO: Arguments between Professors Nesson and Fisher]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
=== B. New Technology vs. Courtroom Norms ===&lt;br /&gt;
&lt;br /&gt;
Our discussion here will center around a debate amongst the students.  We are splitting you up into two groups, one to argue that webcasting of trial proceedings should be allowed and another to argue that it should not be allowed.  Again, we&#039;d like to focus on policy issues rather than specific rules.  Here are the group assignments:&lt;br /&gt;
 &lt;br /&gt;
* Argue that webcasting trial proceedings should be allowed: AndrewKlaber; Ayelet; Bepa; CKennedy; Cooper; DAL; danray; Dharmishta; Dulles; Elanaberkowitz; EST; g&lt;br /&gt;
* Argue that webcasting trial proceedings should not be allowed: Gwen; Hoellra; jf; Jfishman; Jgruensp; lbaker; Mchua; Megerman; Miriam; Mwansley; Seth Woodworth; AMehra&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider:&lt;br /&gt;
&lt;br /&gt;
** Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute?  Or is the right to view trials over the Internet a fundamental right -- analogous to the constitutional right to physically attend trials in the courtroom, just updated to account for modern technology?&lt;br /&gt;
** Is the opportunity for education brought about by webcasting trials outweighed by the opportunity for mis-education if the media devolves into soundbites and sensationalism?&lt;br /&gt;
** How should we value, and by what standard should we judge, the privacy rights and privacy requests of the various parties involved in a litigation (judge, jury, lawyers, litigants, victims, witnesses)?&lt;br /&gt;
&lt;br /&gt;
=== Some Lingering Questions ===&lt;br /&gt;
* What other options are available to the RIAA? Are any other groups affected by piracy that could prosecute/take action in the RIAA&#039;s stead?&lt;br /&gt;
* So isn&#039;t the RIAA doing just the right thing, then? Advertising huge penalties in order to get the deterrent effect, but then nicely only seeking $2.5K or so when they nab a particular file sharer -- closer to actual damages.&lt;br /&gt;
* But is it *fair* (right? constitutional?) for some users to pay for the sins of all users?&lt;br /&gt;
* What can the publicity accomplish? Get people to boycott the record companies? Get people to lobby their congressmen for legislative change? Shame the jury/judge? Something else? Realistic?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=====Internet and recording technology in the courtroom=====&lt;br /&gt;
* [http://bigthink.com/ideas/charlie-nesson-and-a-brief-history-of-media-in-the-courts VIDEO: A Brief History of Media in the Courts]&lt;br /&gt;
* [http://bigthink.com/ideas/charlie-nesson-on-the-majesty-of-the-federal-courts VIDEO: Professor Nesson&#039;s thoughts on the majesty of the federal courts]&lt;br /&gt;
* [http://bigthink.com/ideas/charlie-nesson-on-the-role-of-cvm-tv-in-the-courtroom VIDEO: Role of TV in the courtroom]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Readings:&lt;br /&gt;
* [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision re: Motion to Admit Internet]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition to appeal]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by Courtroom View Network]&lt;br /&gt;
* [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
&lt;br /&gt;
Follow up:&lt;br /&gt;
&lt;br /&gt;
* [http://www.ca1.uscourts.gov/files/audio/09-1090.mp3 Oral Arguments from First Circuit Court of Appeals]&lt;br /&gt;
* [http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1090P.01A. First Circuit Ruling to Block Webcast of Tenenbaum&#039;s case]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Some Lingering Questions ==&lt;br /&gt;
&lt;br /&gt;
* Did the presence of so many cameras around the OJ Simpson trial change the trial? &lt;br /&gt;
* Can any legally sophisticated argument be made that the 1st Cir. resolution against televised proceedings is invalid because nobody could (until now) find it, hence there&#039;s been no notice? &lt;br /&gt;
* Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute? Or is the right to view trials over the Internet a fundamental right?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? ==&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Example: RIAA&#039;s new enforcement strategy [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* Digital Millennium Copyright Act&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Optional: [http://www.newsweek.com/id/176809/output/Lessig article]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** &#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:Dharmishta&lt;br /&gt;
    * User:dulles&lt;br /&gt;
    * User:Elanaberkowitz&lt;br /&gt;
    * User:EST&lt;br /&gt;
    * User:g&lt;br /&gt;
    * User:Gwen&lt;br /&gt;
    * User:Hoellra&lt;br /&gt;
&lt;br /&gt;
** &#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:jf&lt;br /&gt;
    * User: Jfishman&lt;br /&gt;
    * User:Jgruensp&lt;br /&gt;
    * User:JZ&lt;br /&gt;
    * User:lbaker&lt;br /&gt;
    * User:Mchua&lt;br /&gt;
    * User:Megerman&lt;br /&gt;
    * User:Miriam&lt;br /&gt;
    * User:Mwansley&lt;br /&gt;
    * User:Seth Woodworth&lt;br /&gt;
    * User:AMehra&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
    * User:AndrewKlaber&lt;br /&gt;
    * User:Ayelet&lt;br /&gt;
    * User:Bepa&lt;br /&gt;
    * User: CKennedy&lt;br /&gt;
    * User:Cooper&lt;br /&gt;
    * User:DAL&lt;br /&gt;
    * User:danray&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039;: We put up this website to help our supporters follow the case and interact with us as student lawyers. Spend some time on the site. What could be better? What would you like to see?&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2296</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2296"/>
		<updated>2009-04-18T00:40:30Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this class is to explore the tension between old infrastructure and new media.  The Internet has threatened the way &amp;quot;traditional&amp;quot; companies do business and has challenged the &amp;quot;traditional&amp;quot; norms of the courtroom.  Many companies, such as the record labels in the music industry, have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes.  They contend that laws must be uniformly and systematically applied despite changes in culture and society.  Critics argue that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
One of the clearest examples of this tension is the RIAA and its struggles to adapt to Internet distribution of music.  Using a timely case study from our own backyard at Harvard Law School, the purposes of this class is to better understand the tension, evaluate strategies that have been used to address the challenges, and consider what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Part I. Background ==&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* [http://www.rtnda.org/pages/media_items/legal-notes-in-a-brave-new-world-old-laws-still-apply1016.php In a Brave New World, Old Laws Still Exist]&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later RIAA vs. The People: Five Years later]&lt;br /&gt;
* [http://www.riaa.com/physicalpiracy.php RIAA&#039;s view on piracy] &amp;amp; [http://www.riaa.com/whatwedo.php The RIAA: What we do]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
== Part II. Case study: RIAA vs. Tenenbaum ==&lt;br /&gt;
Joel Tenenbaum, a 25-year old graduate student in Physics at Boston University, was sued by the Recording Industry Association of American (RIAA), the trade group that represents the U.S. recording industry, for making seven music files available for distribution on the KaZaA file-sharing network in 2003.  He offered to settle the case for $500, but music companies rejected that, demanding $12,000.  The Digital Theft Deterrence Act, the law at issue in the case, sets damages of $750 to $30,000 for each infringement, and as much as $150,000 for a &amp;quot;willful violation.&amp;quot;  Tenenbaum could be forced to pay more than $1 million in statutory damages if it was determined that his alleged actions were intentional.  In the fall of 2008, Harvard Law School professor Charles Nesson – with the help of a small team of students – came to Tenenbaum&#039;s defense on a pro bono basis.  See, also [http://arstechnica.com/tech-policy/news/2009/02/tell-the-riaa-to-take-a-hike-how-harvard-law-threw-down-the-gauntlet.ars How Harvard Threw Down the Gauntlet to the RIAA]&lt;br /&gt;
&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
&lt;br /&gt;
More information at [http://www.joelfightsback.com Joel Fights Back]&lt;br /&gt;
Reference: [http://info.riaalawsuits.us/howriaa_printable.htm How RIAA Litigation suits work]&lt;br /&gt;
Reference: [http://recordingindustryvspeople.blogspot.com/ Ray Beckerman&#039;s Blog]&lt;br /&gt;
&lt;br /&gt;
=== A. RIAA&#039;s use of the Copyright Act ===&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider in preparation for the session&lt;br /&gt;
&lt;br /&gt;
** Is the changing landscape of copyright infringement relevant in considering whether the Act&#039;s statutory damages are unconstitutionally disproportionate to the actual damages -- and if they are impermissibly punitive if so?&lt;br /&gt;
** Similarly, whereas pre-Internet copyright infringement typically involved commercial uses, the Internet has enabled widespread copying by non-commercial users.  Should courts&#039; application of the fair use doctrine be tuned to take into account the non-commercial nature of most file-sharing?  Should we create a separate statutory damages regime for non-commercial uses?&lt;br /&gt;
** The bottom line is that there is a statute that seems to prohibiting online file-sharing that awards significant statutory damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
&lt;br /&gt;
Our discussion here centered around a debate between Prof. Nesson (who in a role-reversal will argue for RIAA) and Prof. Fisher (who will argue as Prof. Nesson).  The debate focused on the bigger-picture policy and normative issues, rather than applying/distinguishing caselaw.  &lt;br /&gt;
&lt;br /&gt;
[http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum VIDEO: Arguments between Professors Nesson and Fisher]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== B. New Technology vs. Courtroom Norms ===&lt;br /&gt;
&lt;br /&gt;
Our discussion here will center around a debate amongst the students.  We are splitting you up into two groups, one to argue that webcasting of trial proceedings should be allowed and another to argue that it should not be allowed.  Again, we&#039;d like to focus on policy issues rather than specific rules.  Here are the group assignments:&lt;br /&gt;
 &lt;br /&gt;
* Argue that webcasting trial proceedings should be allowed: &lt;br /&gt;
AndrewKlaber; Ayelet; Bepa; CKennedy; Cooper; &lt;br /&gt;
DAL; danray; Dharmishta; Dulles; Elanaberkowitz; &lt;br /&gt;
EST; g&lt;br /&gt;
* Argue that webcasting trial proceedings should not be allowed: &lt;br /&gt;
Gwen; Hoellra; jf; Jfishman; Jgruensp; &lt;br /&gt;
lbaker; Mchua; Megerman; Miriam; Mwansley; &lt;br /&gt;
Seth Woodworth; AMehra&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider in preparation for the session&lt;br /&gt;
&lt;br /&gt;
** Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute?  Or is the right to view trials over the Internet a fundamental right -- analogous to the constitutional right to physically attend trials in the courtroom, just updated to account for modern technology?&lt;br /&gt;
** Is the opportunity for education brought about by webcasting trials outweighed by the opportunity for mis-education if the media devolves into soundbites and sensationalism?&lt;br /&gt;
** How should we value, and by what standard should we judge, the privacy rights and privacy requests of the various parties involved in a litigation (judge, jury, lawyers, litigants, victims, witnesses)?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=====Internet and recording technology in the courtroom=====&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-and-a-brief-history-of-media-in-the-courts VIDEO: A Brief History of Media in the Courts]&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-on-the-majesty-of-the-federal-courts VIDEO: Professor Nesson&#039;s thoughts on the majesty of the federal courts]&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-on-the-role-of-cvm-tv-in-the-courtroom VIDEO: Role of TV in the courtroom]&lt;br /&gt;
Readings:&lt;br /&gt;
* [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision re: Motion to Admit Internet]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition to appeal]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by Courtroom View Network]&lt;br /&gt;
* [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
&lt;br /&gt;
* [http://www.ca1.uscourts.gov/files/audio/09-1090.mp3 Oral Arguments from First Circuit Court of Appeals]&lt;br /&gt;
* [http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1090P.01A. First Circuit Ruling to Block Webcast of Tenenbaum&#039;s case]&lt;br /&gt;
&lt;br /&gt;
== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? ==&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Example: RIAA&#039;s new enforcement strategy [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* Digital Millennium Copyright Act&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Optional: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** &#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:Dharmishta&lt;br /&gt;
    * User:dulles&lt;br /&gt;
    * User:Elanaberkowitz&lt;br /&gt;
    * User:EST&lt;br /&gt;
    * User:g&lt;br /&gt;
    * User:Gwen&lt;br /&gt;
    * User:Hoellra&lt;br /&gt;
&lt;br /&gt;
** &#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:jf&lt;br /&gt;
    * User: Jfishman&lt;br /&gt;
    * User:Jgruensp&lt;br /&gt;
    * User:JZ&lt;br /&gt;
    * User:lbaker&lt;br /&gt;
    * User:Mchua&lt;br /&gt;
    * User:Megerman&lt;br /&gt;
    * User:Miriam&lt;br /&gt;
    * User:Mwansley&lt;br /&gt;
    * User:Seth Woodworth&lt;br /&gt;
    * User:AMehra&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
    * User:AndrewKlaber&lt;br /&gt;
    * User:Ayelet&lt;br /&gt;
    * User:Bepa&lt;br /&gt;
    * User: CKennedy&lt;br /&gt;
    * User:Cooper&lt;br /&gt;
    * User:DAL&lt;br /&gt;
    * User:danray&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039;: We put up this website to help our supporters follow the case and interact with us as student lawyers. Spend some time on the site. What could be better? What would you like to see?&lt;br /&gt;
&lt;br /&gt;
* Some of the conversation that transpired:&lt;br /&gt;
&lt;br /&gt;
Q: If the RIAA can&#039;t pursue these kinds of cases to maintain their rights, what should they do about piracy?&lt;br /&gt;
* Anonymous: What other options are available to the RIAA? Are any other gropups affected by piracy that could prosecute/take action in the RIAA&#039;s stead?&lt;br /&gt;
* Anonymous: the video games industry? Hollywood?&lt;br /&gt;
* Anonymous: The brief seems to indicate that any private group chasing infringers would constitute an unacceptable prosecution...or am i mistaken?&lt;br /&gt;
* Anonymous: What is the pr0n industry doing?&lt;br /&gt;
* nonymous: Apparently (someone else in this class was telling me this last week), they (pr0n) are moving to a fee-for-webcam service instead of DVDs.&lt;br /&gt;
* Anonymous: so couldn&#039;t we ask the music industry to do the same if it&#039;s working for the pr0n peeps?&lt;br /&gt;
* Anonymous: according to the EFF some segments of the pron industry rely on embarrassment and extortion: http://www.eff.org/wp/riaa-v-people-years-later&lt;br /&gt;
* Anonymous: why has eveyone become anonymous all of a sudden?&lt;br /&gt;
* Anonymous: Different use model... Yes, that too, but also: pr0n is not self-expressive within society in the same way, and there&#039;s not the same desire for permanent ownership.&lt;br /&gt;
&lt;br /&gt;
Q: Did the presence of so many cameras around the OJ Simpson trial (were they in them? can&#039;t remember) change the trial? I think maybe yes and not in a good way...&lt;br /&gt;
&lt;br /&gt;
Q: Can any legally sophisticated argument be made that the 1st Cir. resolution against televised proceedings is invalid because nobody could (until now) find it, hence there&#039;s been no notice? It seems a stretch to even call this constructive notice.&lt;br /&gt;
* JZ: Might be worth parsing the 1996 order textually: Internet streaming is neither television nor radio, and its special characteristics, including the ability to contextualize what&#039;s going on, mean a new decision is called for.&lt;br /&gt;
&lt;br /&gt;
Q: Gwen: What can the publicity accomplish? Get people to boycott the record companies? Get people to lobby their congressmen for legislative change? Shame the jury/judge? Something else? Realistic?&lt;br /&gt;
* Mark: Personally, I think this is brilliant. Use the issue to force the opponents into an untenable position. As the RIAA fights the publicity, use that stance as a collateral attack on the real issues. Backlash + Ridicule is the basis of solid organizing.&lt;br /&gt;
* Anonymous: Yes. Yes. And also to bolster the notice given to digital natives about what their legal landscape looks like.&lt;br /&gt;
&lt;br /&gt;
Q: Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute? Or is the right to view trials over the Internet a fundamental right?&lt;br /&gt;
* Anonymous: As a non-law person in the room, many of us walk around with the assumption that the courtroom is open unless there&#039;s a specific and compelling reason not. What are those reasons?&lt;br /&gt;
&lt;br /&gt;
Q: JZ: So isn&#039;t the RIAA doing just the right thing, then? Advertising huge penalties in order to get the deterrent effect, but then nicely only seeking $2.5K or so when they nab a particular file sharer -- closer to actual damages.&lt;br /&gt;
* Anonymous: But is it *fair* (right? constitutional?) for some users to pay for the sins of all users?&lt;br /&gt;
* Anonymous: presumably they&#039;re seeking the amt they think Ds will settle at, to avoid litigation costs and even more bad publicity&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2295</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2295"/>
		<updated>2009-04-18T00:23:12Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
The purpose of this class is to explore the tension between old infrastructure and new media.  The Internet has threatened the way &amp;quot;traditional&amp;quot; companies do business and has challenged the &amp;quot;traditional&amp;quot; norms of the courtroom.  Many companies, such as the record labels in the music industry, have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes.  They contend that laws must be uniformly and systematically applied despite changes in culture and society.  Critics argue that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
One of the clearest examples of this tension is the RIAA and its struggles to adapt to Internet distribution of music.  Using a timely case study from our own backyard at Harvard Law School, the purposes of this class is to better understand the tension, evaluate strategies that have been used to address the challenges, and consider what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Part I. Background ==&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* [http://www.rtnda.org/pages/media_items/legal-notes-in-a-brave-new-world-old-laws-still-apply1016.php In a Brave New World, Old Laws Still Exist]&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later RIAA vs. The People: Five Years later]&lt;br /&gt;
* [http://www.riaa.com/physicalpiracy.php RIAA&#039;s view on piracy] &amp;amp; [http://www.riaa.com/whatwedo.php The RIAA: What we do]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
== Part II. Case study: RIAA vs. Tenenbaum ==&lt;br /&gt;
Joel Tenenbaum, a 25-year old graduate student in Physics at Boston University, was sued by the Recording Industry Association of American (RIAA), the trade group that represents the U.S. recording industry, for making seven music files available for distribution on the KaZaA file-sharing network in 2003.  He offered to settle the case for $500, but music companies rejected that, demanding $12,000.  The Digital Theft Deterrence Act, the law at issue in the case, sets damages of $750 to $30,000 for each infringement, and as much as $150,000 for a &amp;quot;willful violation.&amp;quot;  Tenenbaum could be forced to pay more than $1 million in statutory damages if it was determined that his alleged actions were intentional.  In the fall of 2008, Harvard Law School professor Charles Nesson – with the help of a small team of students – came to Tenenbaum&#039;s defense on a pro bono basis.  &lt;br /&gt;
&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
&lt;br /&gt;
More information at [http://www.joelfightsback.com Joel Fights Back]&lt;br /&gt;
&lt;br /&gt;
=== A. RIAA&#039;s use of the Copyright Act ===&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider in preparation for the session&lt;br /&gt;
&lt;br /&gt;
** Is the changing landscape of copyright infringement relevant in considering whether the Act&#039;s statutory damages are unconstitutionally disproportionate to the actual damages -- and if they are impermissibly punitive if so?&lt;br /&gt;
** Similarly, whereas pre-Internet copyright infringement typically involved commercial uses, the Internet has enabled widespread copying by non-commercial users.  Should courts&#039; application of the fair use doctrine be tuned to take into account the non-commercial nature of most file-sharing?  Should we create a separate statutory damages regime for non-commercial uses?&lt;br /&gt;
** The bottom line is that there is a statute that seems to prohibiting online file-sharing that awards significant statutory damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
&lt;br /&gt;
Our discussion here centered around a debate between Prof. Nesson (who in a role-reversal will argue for RIAA) and Prof. Fisher (who will argue as Prof. Nesson).  The debate focused on the bigger-picture policy and normative issues, rather than applying/distinguishing caselaw.  &lt;br /&gt;
&lt;br /&gt;
[http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum VIDEO: Arguments between Professors Nesson and Fisher]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== B. New Technology vs. Courtroom Norms ===&lt;br /&gt;
&lt;br /&gt;
Our discussion here will center around a debate amongst the students.  We are splitting you up into two groups, one to argue that webcasting of trial proceedings should be allowed and another to argue that it should not be allowed.  Again, we&#039;d like to focus on policy issues rather than specific rules.  Here are the group assignments:&lt;br /&gt;
 &lt;br /&gt;
* Argue that webcasting trial proceedings should be allowed: &lt;br /&gt;
AndrewKlaber; Ayelet; Bepa; CKennedy; Cooper; &lt;br /&gt;
DAL; danray; Dharmishta; Dulles; Elanaberkowitz; &lt;br /&gt;
EST; g&lt;br /&gt;
* Argue that webcasting trial proceedings should not be allowed: &lt;br /&gt;
Gwen; Hoellra; jf; Jfishman; Jgruensp; &lt;br /&gt;
lbaker; Mchua; Megerman; Miriam; Mwansley; &lt;br /&gt;
Seth Woodworth; AMehra&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider in preparation for the session&lt;br /&gt;
&lt;br /&gt;
** Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute?  Or is the right to view trials over the Internet a fundamental right -- analogous to the constitutional right to physically attend trials in the courtroom, just updated to account for modern technology?&lt;br /&gt;
** Is the opportunity for education brought about by webcasting trials outweighed by the opportunity for mis-education if the media devolves into soundbites and sensationalism?&lt;br /&gt;
** How should we value, and by what standard should we judge, the privacy rights and privacy requests of the various parties involved in a litigation (judge, jury, lawyers, litigants, victims, witnesses)?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=====Internet and recording technology in the courtroom=====&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-and-a-brief-history-of-media-in-the-courts VIDEO: A Brief History of Media in the Courts]&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-on-the-majesty-of-the-federal-courts VIDEO: Professor Nesson&#039;s thoughts on the majesty of the federal courts]&lt;br /&gt;
[http://bigthink.com/ideas/charlie-nesson-on-the-role-of-cvm-tv-in-the-courtroom VIDEO: Role of TV in the courtroom]&lt;br /&gt;
Readings:&lt;br /&gt;
* [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision re: Motion to Admit Internet]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* [ http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition to appeal]&lt;br /&gt;
* [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by Courtroom View Network]&lt;br /&gt;
* [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
&lt;br /&gt;
* [http://www.ca1.uscourts.gov/files/audio/09-1090.mp3 Oral Arguments from First Circuit Court of Appeals]&lt;br /&gt;
* [http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1090P.01A. First Circuit Ruling to Block Webcast of Tenenbaum&#039;s case]&lt;br /&gt;
&lt;br /&gt;
== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? ==&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Example: RIAA&#039;s new enforcement strategy [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* Digital Millennium Copyright Act&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Optional: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** &#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:Dharmishta&lt;br /&gt;
    * User:dulles&lt;br /&gt;
    * User:Elanaberkowitz&lt;br /&gt;
    * User:EST&lt;br /&gt;
    * User:g&lt;br /&gt;
    * User:Gwen&lt;br /&gt;
    * User:Hoellra&lt;br /&gt;
&lt;br /&gt;
** &#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:jf&lt;br /&gt;
    * User: Jfishman&lt;br /&gt;
    * User:Jgruensp&lt;br /&gt;
    * User:JZ&lt;br /&gt;
    * User:lbaker&lt;br /&gt;
    * User:Mchua&lt;br /&gt;
    * User:Megerman&lt;br /&gt;
    * User:Miriam&lt;br /&gt;
    * User:Mwansley&lt;br /&gt;
    * User:Seth Woodworth&lt;br /&gt;
    * User:AMehra&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
    * User:AndrewKlaber&lt;br /&gt;
    * User:Ayelet&lt;br /&gt;
    * User:Bepa&lt;br /&gt;
    * User: CKennedy&lt;br /&gt;
    * User:Cooper&lt;br /&gt;
    * User:DAL&lt;br /&gt;
    * User:danray&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039;: We put up this website to help our supporters follow the case and interact with us as student lawyers. Spend some time on the site. What could be better? What would you like to see?&lt;br /&gt;
&lt;br /&gt;
* Some of the conversation that transpired:&lt;br /&gt;
&lt;br /&gt;
*****************************&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2294</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2294"/>
		<updated>2009-04-17T22:57:12Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
The purpose of this class is to explore the tension between old infrastructure and new media.  The Internet has threatened the way &amp;quot;traditional&amp;quot; companies do business and has challenged the &amp;quot;traditional&amp;quot; norms of the courtroom.  Many companies, such as the record labels in the music industry, have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes.  They contend that laws must be uniformly and systematically applied despite changes in culture and society.  Critics argue that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
One of the clearest examples of this tension is the RIAA and its struggles to adapt to Internet distribution of music.  Using a timely case study from our own backyard at Harvard Law School, the purposes of this class is to better understand the tension, evaluate strategies that have been used to address the challenges, and consider what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Part I. Background ==&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* &#039;&#039;Required Reading&#039;&#039;: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case (skim)]&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later RIAA vs. The People: Five Years later]&lt;br /&gt;
* [http://www.riaa.com/physicalpiracy.php RIAA&#039;s view on piracy] &amp;amp; [http://www.riaa.com/whatwedo.php The RIAA: What we do]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
== Part II. Case study: RIAA vs. Tenenbaum ==&lt;br /&gt;
Joel Tenenbaum, a 25-year old graduate student in Physics at Boston University, was sued by the Recording Industry Association of American (RIAA), the trade group that represents the U.S. recording industry, for making seven music files available for distribution on the KaZaA file-sharing network in 2003.  He offered to settle the case for $500, but music companies rejected that, demanding $12,000.  The Digital Theft Deterrence Act, the law at issue in the case, sets damages of $750 to $30,000 for each infringement, and as much as $150,000 for a &amp;quot;willful violation.&amp;quot;  Tenenbaum could be forced to pay more than $1 million in statutory damages if it was determined that his alleged actions were intentional.&lt;br /&gt;
&lt;br /&gt;
In the fall of 2008, Harvard Law School professor Charles Nesson – with the help of a small team of students – came to Tenenbaum&#039;s defense on a pro bono basis.  Rodriguez was one of Nesson’s law students, but her background in public relations and communications made her the de facto head of marketing for their team.  The team believed that there was extensive public support for their case and tasked Rodriguez with identifying, engaging, and amplifying the public’s opposition to the RIAA&#039;s litigation strategy against file-sharing and the public’s support for file-sharing.&lt;br /&gt;
&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
&lt;br /&gt;
More information at [http://www.joelfightsback.com Joel Fights Back]&lt;br /&gt;
&lt;br /&gt;
=== A. RIAA&#039;s use of the Copyright Act ===&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider in preparation for the session&lt;br /&gt;
&lt;br /&gt;
** Is the changing landscape of copyright infringement relevant in considering whether the Act&#039;s statutory damages are unconstitutionally disproportionate to the actual damages -- and if they are impermissibly punitive if so?&lt;br /&gt;
** Similarly, whereas pre-Internet copyright infringement typically involved commercial uses, the Internet has enabled widespread copying by non-commercial users.  Should courts&#039; application of the fair use doctrine be tuned to take into account the non-commercial nature of most file-sharing?  Should we create a separate statutory damages regime for non-commercial uses?&lt;br /&gt;
** The bottom line is that there is a statute that seems to prohibiting online file-sharing that awards significant statutory damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
&lt;br /&gt;
Our discussion here centered around a debate between Prof. Nesson (who in a role-reversal will argue for RIAA) and Prof. Fisher (who will argue as Prof. Nesson).  The debate focused on the bigger-picture policy and normative issues, rather than applying/distinguishing caselaw.  &lt;br /&gt;
&lt;br /&gt;
[[Image:http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum]][http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum Video of arguments available here]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== B. New Technology vs. Courtroom Norms ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Our discussion here will center around a debate amongst the students.  We are splitting you up into two groups, one to argue that webcasting of trial proceedings should be allowed and another to argue that it should not be allowed.  Again, we&#039;d like to focus on policy issues rather than specific rules.  Here are the group assignments:&lt;br /&gt;
 &lt;br /&gt;
* Argue that webcasting trial proceedings should be allowed: &lt;br /&gt;
AndrewKlaber; Ayelet; Bepa; CKennedy; Cooper; &lt;br /&gt;
DAL; danray; Dharmishta; Dulles; Elanaberkowitz; &lt;br /&gt;
EST; g&lt;br /&gt;
* Argue that webcasting trial proceedings should not be allowed: &lt;br /&gt;
Gwen; Hoellra; jf; Jfishman; Jgruensp; &lt;br /&gt;
lbaker; Mchua; Megerman; Miriam; Mwansley; &lt;br /&gt;
Seth Woodworth; AMehra&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider in preparation for the session&lt;br /&gt;
&lt;br /&gt;
** Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute?  Or is the right to view trials over the Internet a fundamental right -- analogous to the constitutional right to physically attend trials in the courtroom, just updated to account for modern technology?&lt;br /&gt;
** Is the opportunity for education brought about by webcasting trials outweighed by the opportunity for mis-education if the media devolves into soundbites and sensationalism?&lt;br /&gt;
** How should we value, and by what standard should we judge, the privacy rights and privacy requests of the various parties involved in a litigation (judge, jury, lawyers, litigants, victims, witnesses)?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=====Internet and recording technology in the courtroom=====&lt;br /&gt;
* &#039;&#039;Required Reading 5: [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision re: Motion to Admit Internet]&lt;br /&gt;
* Optional: [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* Optional: [ http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* Optional: [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition]&lt;br /&gt;
* Optional: [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by CVN]&lt;br /&gt;
* Optional: [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? ==&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Example: RIAA&#039;s new enforcement strategy [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* Digital Millennium Copyright Act&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Optional: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** &#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:Dharmishta&lt;br /&gt;
    * User:dulles&lt;br /&gt;
    * User:Elanaberkowitz&lt;br /&gt;
    * User:EST&lt;br /&gt;
    * User:g&lt;br /&gt;
    * User:Gwen&lt;br /&gt;
    * User:Hoellra&lt;br /&gt;
&lt;br /&gt;
** &#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:jf&lt;br /&gt;
    * User: Jfishman&lt;br /&gt;
    * User:Jgruensp&lt;br /&gt;
    * User:JZ&lt;br /&gt;
    * User:lbaker&lt;br /&gt;
    * User:Mchua&lt;br /&gt;
    * User:Megerman&lt;br /&gt;
    * User:Miriam&lt;br /&gt;
    * User:Mwansley&lt;br /&gt;
    * User:Seth Woodworth&lt;br /&gt;
    * User:AMehra&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
    * User:AndrewKlaber&lt;br /&gt;
    * User:Ayelet&lt;br /&gt;
    * User:Bepa&lt;br /&gt;
    * User: CKennedy&lt;br /&gt;
    * User:Cooper&lt;br /&gt;
    * User:DAL&lt;br /&gt;
    * User:danray&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039;: We put up this website to help our supporters follow the case and interact with us as student lawyers. Spend some time on the site. What could be better? What would you like to see?&lt;br /&gt;
&lt;br /&gt;
* Some of the conversation that transpired:&lt;br /&gt;
&lt;br /&gt;
*****************************&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2293</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=2293"/>
		<updated>2009-04-17T22:54:14Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: DBR v1&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
The purpose of this class is to explore the tension between old infrastructure and new media.  The Internet has threatened the way &amp;quot;traditional&amp;quot; companies do business and has challenged the &amp;quot;traditional&amp;quot; norms of the courtroom.  Many companies, such as the record labels in the music industry, have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes.  They contend that laws must be uniformly and systematically applied despite changes in culture and society.  Critics argue that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
One of the clearest examples of this tension is the RIAA and its struggles to adapt to Internet distribution of music.  Using a timely case study from our own backyard at Harvard Law School, the purposes of this class is to better understand the tension, evaluate strategies that have been used to address the challenges, and consider what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background ===&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* &#039;&#039;Required Reading&#039;&#039;: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case (skim)]&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later RIAA vs. The People: Five Years later]&lt;br /&gt;
* [http://www.riaa.com/physicalpiracy.php RIAA&#039;s view on piracy] &amp;amp; [http://www.riaa.com/whatwedo.php The RIAA: What we do]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum ===&lt;br /&gt;
Joel Tenenbaum, a 25-year old graduate student in Physics at Boston University, was sued by the Recording Industry Association of American (RIAA), the trade group that represents the U.S. recording industry, for making seven music files available for distribution on the KaZaA file-sharing network in 2003.  He offered to settle the case for $500, but music companies rejected that, demanding $12,000.  The Digital Theft Deterrence Act, the law at issue in the case, sets damages of $750 to $30,000 for each infringement, and as much as $150,000 for a &amp;quot;willful violation.&amp;quot;  Tenenbaum could be forced to pay more than $1 million in statutory damages if it was determined that his alleged actions were intentional.&lt;br /&gt;
&lt;br /&gt;
In the fall of 2008, Harvard Law School professor Charles Nesson – with the help of a small team of students – came to Tenenbaum&#039;s defense on a pro bono basis.  Rodriguez was one of Nesson’s law students, but her background in public relations and communications made her the de facto head of marketing for their team.  The team believed that there was extensive public support for their case and tasked Rodriguez with identifying, engaging, and amplifying the public’s opposition to the RIAA&#039;s litigation strategy against file-sharing and the public’s support for file-sharing.&lt;br /&gt;
&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
&lt;br /&gt;
More information at [http://www.joelfightsback.com Joel Fights Back]&lt;br /&gt;
&lt;br /&gt;
==== A. RIAA&#039;s use of the Copyright Act (30 mins) ====&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider in preparation for the session&lt;br /&gt;
&lt;br /&gt;
** Is the changing landscape of copyright infringement relevant in considering whether the Act&#039;s statutory damages are unconstitutionally disproportionate to the actual damages -- and if they are impermissibly punitive if so?&lt;br /&gt;
** Similarly, whereas pre-Internet copyright infringement typically involved commercial uses, the Internet has enabled widespread copying by non-commercial users.  Should courts&#039; application of the fair use doctrine be tuned to take into account the non-commercial nature of most file-sharing?  Should we create a separate statutory damages regime for non-commercial uses?&lt;br /&gt;
** The bottom line is that there is a statute that seems to prohibiting online file-sharing that awards significant statutory damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
&lt;br /&gt;
Our discussion here centered around a debate between Prof. Nesson (who in a role-reversal will argue for RIAA) and Prof. Fisher (who will argue as Prof. Nesson).  The debate focused on the bigger-picture policy and normative issues, rather than applying/distinguishing caselaw.  &lt;br /&gt;
&lt;br /&gt;
[[Image:http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum]][http://bigthink.com/ideas/the-riaa-vs-joel-tenenbaum Video of arguments available here]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
* [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==== B. New Technology vs. Courtroom Norms (30 mins) ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Our discussion here will center around a debate amongst the students.  We are splitting you up into two groups, one to argue that webcasting of trial proceedings should be allowed and another to argue that it should not be allowed.  Again, we&#039;d like to focus on policy issues rather than specific rules.  Here are the group assignments:&lt;br /&gt;
 &lt;br /&gt;
* Argue that webcasting trial proceedings should be allowed: &lt;br /&gt;
AndrewKlaber; Ayelet; Bepa; CKennedy; Cooper; &lt;br /&gt;
DAL; danray; Dharmishta; Dulles; Elanaberkowitz; &lt;br /&gt;
EST; g&lt;br /&gt;
* Argue that webcasting trial proceedings should not be allowed: &lt;br /&gt;
Gwen; Hoellra; jf; Jfishman; Jgruensp; &lt;br /&gt;
lbaker; Mchua; Megerman; Miriam; Mwansley; &lt;br /&gt;
Seth Woodworth; AMehra&lt;br /&gt;
&lt;br /&gt;
Some questions you might consider in preparation for the session&lt;br /&gt;
&lt;br /&gt;
** Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute?  Or is the right to view trials over the Internet a fundamental right -- analogous to the constitutional right to physically attend trials in the courtroom, just updated to account for modern technology?&lt;br /&gt;
** Is the opportunity for education brought about by webcasting trials outweighed by the opportunity for mis-education if the media devolves into soundbites and sensationalism?&lt;br /&gt;
** How should we value, and by what standard should we judge, the privacy rights and privacy requests of the various parties involved in a litigation (judge, jury, lawyers, litigants, victims, witnesses)?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=====Internet and recording technology in the courtroom=====&lt;br /&gt;
* &#039;&#039;Required Reading 5: [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision re: Motion to Admit Internet]&lt;br /&gt;
* Optional: [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* Optional: [ http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* Optional: [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition]&lt;br /&gt;
* Optional: [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by CVN]&lt;br /&gt;
* Optional: [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? (15 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Example: RIAA&#039;s new enforcement strategy [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* Digital Millennium Copyright Act&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Optional: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** &#039;&#039;&#039;Question tool questioner group:&#039;&#039;&#039;  During class, please focus your online efforts on posting substantive questions to the question tool.  The questions can be just general questions to the class, or directed to one or more of the individuals debating at the time.  If you want to tweet or vote on questions, you can of course do that.  But we are hoping that you will form the core group that will keep generating fresh candidate questions that people can vote on.  And it would even be great if you want to post questions in advance of class.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:Dharmishta&lt;br /&gt;
    * User:dulles&lt;br /&gt;
    * User:Elanaberkowitz&lt;br /&gt;
    * User:EST&lt;br /&gt;
    * User:g&lt;br /&gt;
    * User:Gwen&lt;br /&gt;
    * User:Hoellra&lt;br /&gt;
&lt;br /&gt;
** &#039;&#039;&#039;Question tool voting group:&#039;&#039;&#039;  During class, please focus your online efforts on voting for questions that the “Question tool questioner team” has been generating.  If you want to tweet or pose questions yourself, you can of course do that.  But we are hoping that you will focus your efforts on voting so that we can see some active “flocking” towards the questions that are of the most interest.  In an ideal world, the moderator of the debate will have nothing more to do other than read off the highest vote-getting question.  [http://cyber.law.harvard.edu/questions/iif2009 Here is the question tool].&lt;br /&gt;
&lt;br /&gt;
    * User:jf&lt;br /&gt;
    * User: Jfishman&lt;br /&gt;
    * User:Jgruensp&lt;br /&gt;
    * User:JZ&lt;br /&gt;
    * User:lbaker&lt;br /&gt;
    * User:Mchua&lt;br /&gt;
    * User:Megerman&lt;br /&gt;
    * User:Miriam&lt;br /&gt;
    * User:Mwansley&lt;br /&gt;
    * User:Seth Woodworth&lt;br /&gt;
    * User:AMehra&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter group:]&#039;&#039;&#039; As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.  During class, please focus your online efforts on making substantive tweets on #iif.  If you want to post a question on the question tool or vote on the question tool, you can of course do so.  But we would like you to view &amp;quot;twitter&amp;quot; as your main responsibility.  We are hoping that you will be the core group that will keep the twittering going.  &lt;br /&gt;
&lt;br /&gt;
    * User:AndrewKlaber&lt;br /&gt;
    * User:Ayelet&lt;br /&gt;
    * User:Bepa&lt;br /&gt;
    * User: CKennedy&lt;br /&gt;
    * User:Cooper&lt;br /&gt;
    * User:DAL&lt;br /&gt;
    * User:danray&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039;: We put up this website to help our supporters follow the case and interact with us as student lawyers. Spend some time on the site. What could be better? What would you like to see?&lt;br /&gt;
&lt;br /&gt;
* Some of the conversation that transpired:&lt;br /&gt;
&lt;br /&gt;
*****************************&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Prediction_Markets&amp;diff=2137</id>
		<title>Prediction Markets</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Prediction_Markets&amp;diff=2137"/>
		<updated>2009-03-19T01:49:01Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Mwansley|Matthew]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:EST|Elisabeth]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The most high-profile examples of prediction marketsthe Iowa Electronic Markets and Intradestarted by focusing primarily on predicting election outcomes and related political and financial events. Now they have expanded to cultural (Oscars) and technological (X Prize) events as well.  The status of the commercial prediction markets is uncertain; for example, [http://en.wikipedia.org/wiki/TradeSports Tradesports] announced recently that it [http://www.tradesports.com/ is closing].  And questions remain about the [http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1134563_code183716.pdf?abstractid=1134563&amp;amp;mirid=1 legal status] of prediction markets, whether the CTFC will [http://www.cftc.gov/lawandregulation/federalregister/proposedrules/2008/e8-9981.html regulate] them, and whether they will be [http://findarticles.com/p/articles/mi_6716/is_4_27/ai_n29450615/pg_1?tag=artBody;col1 taxed].     &lt;br /&gt;
&lt;br /&gt;
Rather than focusing on the traditional markets, however, we want to focus on future applications of prediction markets, particularly their possible use by government or by government-industry collaboration.  We&#039;d like to explore in particular applications that are likely to be controversial.  &lt;br /&gt;
&lt;br /&gt;
The focus will be three cases that we think raise interesting legal and ethical questions. &lt;br /&gt;
&lt;br /&gt;
* Crime rate predictions, a la [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1118931 this proposal]&lt;br /&gt;
&lt;br /&gt;
* Google&#039;s flu-tracking application (where, as Professor Zittrain noted, the predictors aren&#039;t even aware that their knowledge is being harvested)&lt;br /&gt;
&lt;br /&gt;
* the failed DARPA [http://www.cnn.com/2003/ALLPOLITICS/07/29/terror.market/index.html terrorist futures] market&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Guests&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Justin Wolfers, Economist (confirmed)&lt;br /&gt;
&lt;br /&gt;
Hal Varian, Google (possibly, on videoconference)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Concrete Questions&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Which of these applications are most likely and desirable? &lt;br /&gt;
&lt;br /&gt;
* Should the government be involved in administering prediction markets at all? Should it regulate them? &lt;br /&gt;
&lt;br /&gt;
* What ethical concerns do we have about prediction markets of the future, and how might we address them? Can design of the markets help mitigate concerns? Are some more fundamental?  &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tech Tweak/Experiment&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Everyone will create their own prediction market contract via intrade.net.  Once you set up an account there, you can then create you own contract at http://www.intrade.net/market/create/start.faces.  Your contract can be about anything you like (doesn&#039;t have to be legal), but it should conclude before our class date, April 27, 2009.  The idea is (1) for everyone to get a feel for how prediction markets operate; (2) to see what kinds of contracts get enough volume to be successful and what kinds don&#039;t; (3) to see how accurate the predictions are, how they change over time, etc.  &lt;br /&gt;
&lt;br /&gt;
Once you&#039;ve signed up and created a contract -- please do so by Friday, March 20 -- you can invite other people in the class to bet on your contract to give it some initial starting volume.  (Intrade.net gives everyone $10k in play money upon signing up, so obviously if people want to bet on the wider world&#039;s contracts, that&#039;s great too).  Everyone should list the contracts they&#039;ve created below to facilitate class participation on intrade (and so that we can generate a variety of different kinds of contracts). At the actual class session on April 27, everyone should come in prepared to briefly discuss what happened with their contract (feel free to create more than one).   &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Readings&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Background&lt;br /&gt;
** A [http://bpp.wharton.upenn.edu/jwolfers/Papers/Predictionmarkets.pdf brief general overview] of prediction markets, Justin Wolfers &amp;amp; Eric Zitzewitz, &amp;lt;i&amp;gt;Prediction Markets&amp;lt;/i&amp;gt;, 18 Journal of Economic Perspectives 107 (2004).  &lt;br /&gt;
** Chapter 10 of Michael Abramowicz&#039;s book [http://www.amazon.com/Predictocracy-Market-Mechanisms-Private-Decision/dp/0300115997 Predictocracy]&lt;br /&gt;
&lt;br /&gt;
* Google Flu Tracking Program&lt;br /&gt;
** The New York Times&#039;s [http://www.nytimes.com/2008/11/12/technology/internet/12flu.html writeup]&lt;br /&gt;
&lt;br /&gt;
* Crime &lt;br /&gt;
**Professors Wolfers, Henderson, Zitzewitz&#039;s paper proposing the application of prediction markets to [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1118931 crime] &lt;br /&gt;
&lt;br /&gt;
* DARPA&lt;br /&gt;
**Senator Daschle&#039;s criticisms of the DARPA terrorism futures markets, http://www.fas.org/sgp/congress/2003/s072903.html, and Senator Dorgan&#039;s, http://ftp.fas.org/sgp/congress/2003/s072803.html&lt;br /&gt;
**A brief paper describing the failed DARPA terrorism futures market, by a Professor at the Naval Postgraduate School. [http://www.ccc.nps.navy.mil/si/sept03/terrorism.pdf Robert Looney, &amp;lt;i&amp;gt;DARPA’s Policy Analysis Market for Intelligence: Outside the Box or Off the Wall?&amp;lt;/i&amp;gt;, STRATEGIC INSIGHTS (2003).] &lt;br /&gt;
**A few newspaper [http://www.mongabay.com/external/pentagon_terror_futures.htm articles] describing the uproar over the DARPA program and its quick cancellation&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Optional Readings&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Professor Sunstein&#039;s Infotopia &lt;br /&gt;
&lt;br /&gt;
* Robin Hanson&#039;s [http://hanson.gmu.edu/futarchy.pdf Futarchy] proposal &lt;br /&gt;
&lt;br /&gt;
* Cass R. Sunstein, Group Judgments: Statistical Means, Deliberation, and Information Markets, 80 N.Y.U. L. Rev. 962 (2005) &lt;br /&gt;
&lt;br /&gt;
* Paper on the application of prediction markets to [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=928896 corporate governance]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Class-Constructed Markets&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Matthew: [http://www.intrade.net/market/detail/?contractId=337549#Democrat_to_Be_Elected_Virginia_Attorney_General_in_2009 2009 Virginia Attorney General Race]&lt;br /&gt;
&lt;br /&gt;
* CKennedy: [http://www.intrade.net/market/detail/?contractId=337550#China%3A_Charter_08_more_than_1_million_signers_by_12.31.09 A Million Chinese Charterists]&lt;br /&gt;
&lt;br /&gt;
* [[User:Dulles|Dulles]]: [http://www.intrade.net/market/listing/showEvent.faces?e=31362 Congress or FCC strengthens network neutrality principles by the end of 2010].&lt;br /&gt;
&lt;br /&gt;
* [[User:Danray|Dan]]: [http://www.intrade.net/market/detail/?contractId=337892 U.S. Supreme Court strikes down all or part of Â§ 5 of the VRA this Term]&lt;br /&gt;
Andrew: Will General Motors file for Chapter 11 by April 20, 2009?  http://www.intrade.net/market/detail/?contractId=338028#GM_Files_for_Chapter_11_by_4/20/09%3F&lt;br /&gt;
&lt;br /&gt;
* [[User:DebbieRosenbaum|Debbie]]: [http://www.intrade.net/market/detail/?contractId=338029 Nesson Takes Down the RIAA]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=All_Together_Now_For_Great_Justice_Dot_Org&amp;diff=1902</id>
		<title>All Together Now For Great Justice Dot Org</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=All_Together_Now_For_Great_Justice_Dot_Org&amp;diff=1902"/>
		<updated>2009-03-01T23:07:42Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Tools and Examples */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Hoellra|Rainer]]&#039;&#039;&#039; + [[User:Elanaberkowitz|&#039;&#039;&#039;Elana&#039;&#039;&#039;]] + &#039;&#039;&#039;[[User:Mchua|Mel]]&#039;&#039;&#039; - it&#039;s worth noting that we have a KSG student, an MBA student, and an engineer in our group, and no lawyers or law students, so expect this session to come from a slightly different perspective.&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
{{TOCright}}&lt;br /&gt;
&lt;br /&gt;
== Before class ==&lt;br /&gt;
&lt;br /&gt;
To prepare before class, please do the following.&lt;br /&gt;
&lt;br /&gt;
# Read the [[#Precis]], which will introduce you to the main topics of the session.&lt;br /&gt;
# Read and consider the [[#Core questions]] we will be discussing during the session.&lt;br /&gt;
# Read and complete the [[#Workshop prep]] exercise. This should take you no more than 20 minutes.&lt;br /&gt;
# Read the [[#Mandatory]] readings; there are 4 total; 2 are short, and 1 can be skimmed.&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
&lt;br /&gt;
Activism is &amp;quot;intentional action to bring about social or political change&amp;quot; ([http://en.wikipedia.org/wiki/Activism]). In this sense, activist have used the web for mobilizing people for all kinds of social causes, ranging from the tremendous success of the Obama campaign&#039;s online efforts to post-election citizen journalism and [http://www.netsquared.org/2008/conference/projects/ushahidi crisis mapping mash-ups] in Kenya to your basic online petition or full-scale and often illegal [http://en.wikipedia.org/wiki/Hacktivism hacktivist] activities. New tools are emerging for coordinating concrete action and volunteering ([http://www.pledgebank.org Pledgebank], [http://www.thepoint.org The Point], [http://www.zoosa.org Zoosa]) as well as fundraising and matching donors and social entrepreneurs ([http://apps.facebook.com/causes/about Facebook Causes], [http://www.donorschoose.org DonorsChoose], [http://www.socialvibe.com Socialvibe]), and other tools not explicitly designed for social action in particular ([http://www.twitter.com Twitter], collaborative document editing, IMs and text messages) are being pressed into service by tech-savvy grassroots organizers, sometimes to great effect.&lt;br /&gt;
&lt;br /&gt;
While online tools are being used by activists whose causes and organizations may have had long histories pre-internet, we also must consider internet activism in terms of new fields of action taken around issues of new issues of concern that the internet has given rise to -- see, for instance, Grey Tuesday, a day of coordinated electronic civil disobedience to distribute DJ Dangermouse&#039;s mashup, &amp;quot;Grey Album,&amp;quot; or Berkman&#039;s own OpenNet Initiative which monitors and reports on internet filtering and surveillance practices by governments around the world. &lt;br /&gt;
&lt;br /&gt;
Sandor Vegh, in his chapter of &#039;&#039;Cyberactivism&#039;&#039; edited by Martha McCaughey and Michael D. Ayershas [http://books.google.com/books?id=KHCjMkNRAkYC&amp;amp;pg=PA71&amp;amp;lpg=PA71&amp;amp;dq=Classifying+Forms+of+Online+Activism:+The+Case+of+Cyberprotests+Against+the+World+Bank&amp;amp;source=bl&amp;amp;ots=NtXY2ND1Ma&amp;amp;sig=XnCYz7850aSl2nJZNmQ4NTIeRak&amp;amp;hl=en&amp;amp;ei=1C-eSdmNLZaitgff2bWGDQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;resnum=1&amp;amp;ct=result suggests three categories] of &amp;quot;Cyberacticism&amp;quot;:&lt;br /&gt;
&lt;br /&gt;
{| border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;2&amp;quot;&lt;br /&gt;
|-valign=&amp;quot;top&amp;quot;&lt;br /&gt;
! Category || Uses || Examples || Tools&lt;br /&gt;
|- &lt;br /&gt;
| awareness/advocacy || Blogging, petitions || [http://www.peta.org PETA], [http://w2.eff.org/br/ Blue Ribbon Campaign] || Websites, mass mailings, podcasts, RSS&lt;br /&gt;
|-&lt;br /&gt;
| organization/mobilization || Campaigning, fundraising, volunteering, community building || [http://www.moveon.org Moveon], [http://www.pledgebank.org Pledgebank], [http://www.washingtonpost.com/wp-dyn/content/custom/2005/08/05/CU2005080501141.html?whichDay=1 Al Qaeda], Myanmar uprising || Websites, mass mailings, mobile applications, online/offline hybrids&lt;br /&gt;
|-&lt;br /&gt;
| direct online action/reaction || Electronic civil disobedience, hacktivism || [http://en.wikipedia.org/wiki/Cyberattacks_during_the_2008_South_Ossetia_war Cyberattacks during the 2008 South Ossetia war] || DDoS, website vandalizing, trojans, mass mailings&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
While these categories may offer a useful initial framework, many activists leverage all of these categories of activism in their work.&lt;br /&gt;
&lt;br /&gt;
== Core questions ==&lt;br /&gt;
&lt;br /&gt;
Needless to say, there are any of a number of ways to tackle a topic of this breadth but here are just a few structural and tactical questions to consider while doing the readings for class: &lt;br /&gt;
&lt;br /&gt;
1. An issue of tactics: What are the success factors of online activism tools? (And how much of the success of any given campaign can be attributed to the internet tools used as opposed to a superior ground operation or a more compelling issue/candidate?) Is there a generalizable model here? What are the parallels and differences with the way for-profit firms have tried to harness these tools? Further, as Ethan Zuckerman notes, &amp;quot;any sufficiently advanced read/write technology will get used for two purposes: pornography and activism. Porn is a weak test for the success of participatory media - it’s like tapping a mike and asking, “Is it on?” If you’re not getting porn in your system, it doesn’t work. Activism is a stronger test - if activists are using your tools, it’s a pretty good indication that your tools are useful and usable.&amp;quot; What online technologies have yet to be fully exploited by activists and why? &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
2. How do we define and measure success of online activism? Do online tools for activists allow for one to feel simply satisfied with a lazier, shallow degree of involvement (the median earned by many Facebook causes prominently displayed on so many users&#039; pages is under $50) or does it create new ladders of engagement? What is the meaning of your number of viewers, of addresses on your mailing list, or of Facebook friends for your cause? What is the fundamental difference between a computer mediated act of civil disobedience versus one offline? &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
3. Compared to traditional modes of activist engagement, digital tools change both the meaning and tactics of democratic participation. Still, we have to examine, who is in now and who is out now? Who has access and who still may not have it? How do old digital divides play out or new ones emerge? To what extent do these tools allow us to subvert hierarchies of power or to what extent do they create new hierarchies and gatekeepers? (i.e. Who participated by submitting questions to the YouTube Presidential debates in 2008? Given certain barriers to access, what voices or issues might not have been heard?) &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
4. Online activism often creates decentralized organizations, which act and react very differently than the centralized organizations most of us are used to, so both leveraging and counteracting distributed activist communities can be counterintuitive. What things can decentralized online movements do more easily than centralized (online or offline) ones, and what strategies might activists and/or their opponents do to take advantage of these tendencies to either promote or counteract a cause?&lt;br /&gt;
&lt;br /&gt;
== Contributors ==&lt;br /&gt;
&lt;br /&gt;
* [http://ethanzuckerman.com/ Ethan Zuckerman], Berkman Center Fellow, Co-Founder of [http://www.globalvoicesonline.org GlobalVoicesOnline.org], providing both practical and theoretical expertise with focus on applications in the developing world.&lt;br /&gt;
* [http://www.nicco.org Nicco Mele], IOP Fellow at the Harvard Kennedy School, founder of [http://www.echoditto.com/ EchoDitto], former Internet Operations Director of Gov. Dean&#039;s presidential primary campaign in 2003&lt;br /&gt;
&lt;br /&gt;
== Session design ==&lt;br /&gt;
&lt;br /&gt;
=== Workshop prep ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;To be done before class.&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
During class, we will be splitting into 6 randomly assigned teams for a rocket pitch workshop session. Teams will be competing to create and pitch ideas for internet-based projects for various hypothetical clients, played (and judged) by the session team (Mel, Rainer, and Elana), the course professors, and our guests.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Assignment:&#039;&#039;&#039; Examine online tools (software programs and platforms) that have been or could be used for online activism. Come to class with a list of 5 tools or interesting causes/campaigns that you examined - at least one of them should be something new you&#039;ve added to the list at [[#Tools]]. Each entry on the list should contain the following parts:&lt;br /&gt;
&lt;br /&gt;
* Name of tool - http://link-to-the-tool-if-possible.com - 1-2 sentence description of what types of projects/demographics/causes this tool would be particularly suited to AND/OR a link to an example of this tool being used for a specific activism project.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Requirements:&#039;&#039;&#039; The [[#Tools]] section below has some ideas for starters, but you must add at least one new item to the list as part of your 5 items. Tools must be internet-based in some way, but do not necessarily need to be limited to personal computers; cellphone/SMS apps, location-based tags and artifacts that somehow link or point to online spaces, etc. are also valid. Custom-developed applications that were developed and deployed for a specific project are ok, even if they cannot be reused for future projects - they&#039;re great examples.&lt;br /&gt;
&lt;br /&gt;
Non-mandatory but probably helpful: you can read about the [[#Workshop]] format for the exact times and materials you&#039;ll have available, as well as the [[#Judging]] criteria.&lt;br /&gt;
&lt;br /&gt;
=== Activity intro (10 minutes) ===&lt;br /&gt;
&lt;br /&gt;
We will first explain the ground rules of the rocket pitch workshop which will be held later in the session and introduce the 3 scenarios involved.&lt;br /&gt;
&lt;br /&gt;
=== Guests present case studies (30 minutes) ===&lt;br /&gt;
&lt;br /&gt;
Next, our guests will give short case study examples of projects they&#039;ve worked on and tactics they&#039;ve used. During this part of the session, students are encouraged to write down (on pieces of paper) questions they&#039;d like to bring up, and to save those papers for the discussion after the workshop.&lt;br /&gt;
&lt;br /&gt;
=== Workshop ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;(50 minutes)&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
You will be divided into 6 teams. Teams will roleplay the parts of teams assigned to create internet-based projects for various activism scenarios. Teams will compete to create the best 1-minute rocket pitch of their project idea. The 1-minute timing will be strict; we&#039;ll cut you off at 60 seconds.&lt;br /&gt;
&lt;br /&gt;
* You get 30 seconds to set up and 1 minute to present.&lt;br /&gt;
* Each group gets 3 big sheets of paper (&amp;quot;slides&amp;quot;) and a marker for each round. You do not have to use the paper. However, projector setup will count against your time...&lt;br /&gt;
* Groups can use any resources (including computers) and work anywhere they want.&lt;br /&gt;
* Your presentation can be and use any things or people you want.&lt;br /&gt;
&lt;br /&gt;
* 20 minutes: First scenario prep&lt;br /&gt;
* 10 minutes: First scenario presentations and [[#Judging]]&lt;br /&gt;
* 10 minutes: Second scenario prep&lt;br /&gt;
* 10 minutes: Second scenario presentations and [[#Judging]]&lt;br /&gt;
&lt;br /&gt;
=== Judging ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Judging is interspersed with the [[#Workshop]].&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Presentations will be judged on the following criteria, evenly weighted.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Criteria are still subject to change, and final judging criteria will be announced at the beginning of the session, but this is the current draft.&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;&#039;Tactics:&#039;&#039;&#039; Is your strategy well-articulated? Can we envison how you will carry out your game plan, and do we believe it&#039;s probable that you will reach your goals with the resources and timeframe you&#039;ve been allotted?&lt;br /&gt;
* &#039;&#039;&#039;Measurement:&#039;&#039;&#039; What is your goal? Have you defined what it would mean for your project to be successful, and how you will measure and determine your success?&lt;br /&gt;
* &#039;&#039;&#039;Analysis of competition:&#039;&#039;&#039; Did you articulate why your approach is better than others that might exist?&lt;br /&gt;
* &#039;&#039;&#039;Utilization of the Internet:&#039;&#039;&#039; Are you taking full advantage of the online medium? (Why would your project be more difficult/impossible offline?)&lt;br /&gt;
* &#039;&#039;&#039;Leveraging your audience:&#039;&#039;&#039; Did you articulate who you are trying to engage, and in what manner? Will your community be (or be working against one that is) centralized, decentralized, or hybrid - and why? If you are trying to build a community, how will you most effectively leverage the type of community you have chosen to build? If you are not trying to build a community, why not?&lt;br /&gt;
* &#039;&#039;&#039;Creativity:&#039;&#039;&#039; Are you using tools or processes in an unique way that nobody has tried before? Are you advocating a cause or reaching an audience not commonly addressed through this medium? Are you in some way doing something crazy and new?&lt;br /&gt;
&lt;br /&gt;
Note that we are &#039;&#039;not&#039;&#039; judging you on how well you pitch the &#039;&#039;cause,&#039;&#039; only the project. The judges are assuming the roles of supporters of the cause who want to fund your project, so you can safely assume that the judges (1) know all about your cause and (2) are already completely convinced that it is the best thing in the world.&lt;br /&gt;
&lt;br /&gt;
=== Discussion (30 minutes)===&lt;br /&gt;
&lt;br /&gt;
Students are now encouraged to bring out the questions they had earlier; we&#039;ll use these as the basis for a followup discussion.&lt;br /&gt;
&lt;br /&gt;
== Readings ==&lt;br /&gt;
&lt;br /&gt;
=== Mandatory ===&lt;br /&gt;
&lt;br /&gt;
* [http://www.articlearchives.com/law-legal-system/constitutional-law-freedom-press/1832458-1.html&#039;&#039;Technologies of Protest: Insurgent Social Movements and the First Amendment in the Era of the Internet,&#039;&#039;] by the law professor Seth Kreimer.&lt;br /&gt;
* [http://www.ethanzuckerman.com/blog/2008/03/08/the-cute-cat-theory-talk-at-etech/ Ethan Zuckerman&#039;s Cute Cat Theory of Digital Activism] (This is available in .mp3 format for free in podcast section of the iTunes store --CKennedy)&lt;br /&gt;
* [http://publius.cc/2008/12/09/from-the-bottom-up-using-the-internet-to-mobilize-campaign-participation From the Bottom-Up: Using the Internet to Mobilize Campaign Participation] by Dana Fisher, a short article that compares the strategies of Obama and McCain&#039;s online campaigns. (skim)&lt;br /&gt;
* Summaries and selections from &#039;&#039;The Starfish and the Spider&#039;&#039; by Ori Brafman and Rod A. Beckstrom, focused on pages 133-158 on &amp;quot;taking on decentralization,&amp;quot; which argues that conventional attack tactics fail against decentralized activism, and presents several strategies that can be used instead. Read the [http://magazine.redhat.com/2007/02/05/book-review-the-starfish-and-the-spider/ Red Hat Magazine review] by Jeff Mackanic and Greg DeKoenigsberg, which summarizes the main points, then see the [[Crib notes]] from p. 133-158 on attacking decentralization. (The entire book is worth reading as a framework for understanding decentralized movements.)&lt;br /&gt;
* [http://www.shirky.com/writings/powerlaw_weblog.html &amp;quot;Power Laws, Web Logs and Inequality&amp;quot;] by Clay Shirky&lt;br /&gt;
&lt;br /&gt;
=== Optional ===&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;A Review of Cyberactivism: Online Activism in Theory and Practice,&#039;&#039; edited by Martha McCaughey and Michael D. Ayers. (This book is difficult to get hold of, but good supplementary reading if you&#039;re interested and can procure a copy.)&lt;br /&gt;
* [http://rebooting.personaldemocracy.com/ Rebooting America: Ideas for Redesigning American Democracy for the Internet Age]&lt;br /&gt;
* http://www.ethanzuckerman.com/blog/2008/12/10/open-for-questions-participation-from-campaigning-to-governing/&lt;br /&gt;
* [http://www.huffingtonpost.com/zack-exley/the-new-organizers-part-1_b_132782.html The New Organizers: What&#039;s Really Behind Obama&#039;s Ground Game] from HuffPo.com&lt;br /&gt;
* [http://www.nytimes.com/2009/01/25/magazine/25bloggers-t.html?fta=y &amp;quot;Revolution Facebook Style: Can social networking turn young Egyptians into a force for Democratic Change?&amp;quot;] from the New York Times&lt;br /&gt;
*[http://www.economist.com/world/international/displaystory.cfm?story_id=12815678 &amp;quot;Rioters of the World Unite: They have nothing to lose but their web cameras&amp;quot;] from the Economist. See Patrick Meier&#039;s critique of the piece [http://irevolution.wordpress.com/2008/12/19/snap-mobs-of-the-world-unite-a-better-taxonomy/ here.]&lt;br /&gt;
* [http://mobileactive.org/wireless-technology-social-change-11-case-studies &amp;quot;Wireless Technology for Social Change: Trends in NGO Mobile Use&amp;quot;]&lt;br /&gt;
&lt;br /&gt;
== Tools and Examples ==&lt;br /&gt;
&lt;br /&gt;
* [http://www.digiactive.org/wp-content/uploads/digiactive_facebook_activism.pdf DigiActive Introduction to Facebook Activism]&lt;br /&gt;
* [http://apps.facebook.com/causes/about Facebook Causes]&lt;br /&gt;
* [http://www.netsquared.org/2008/conference/projects/ushahidi Crisis mapping mash-ups in Kenya]&lt;br /&gt;
* [http://www.pledgebank.org Pledgebank]&lt;br /&gt;
* [http://www.zoosa.org Zoosa]&lt;br /&gt;
* [http://globalvoicesonline.org/ Global Voices]&lt;br /&gt;
* [http://www.donorschoose.org DonorsChoose]&lt;br /&gt;
* [http://www.socialvibe.com Socialvibe]&lt;br /&gt;
* [http://citizenbase.org/approach Citizenbase]&lt;br /&gt;
* [http://www.frontlinesms.com/ Frontline SMS]&lt;br /&gt;
* [http://discoverscholars.org/ DiscoverScholars]&lt;br /&gt;
* [http://www.socialvibe.com/ SocialVibe]&lt;br /&gt;
* [http://www.techsoup.org/index.cfm TechSoup]&lt;br /&gt;
* [http://mobileactive.org/ MobileActive]&lt;br /&gt;
* [http://theuptake.org/ TheUpTake], a citizen journalism site whose efforts are summarized [http://en.wikipedia.org/wiki/The_UpTake here].  An example of their success in promoting political awareness is the coleman / franken recount and trials.  [http://uptake-editorial.groups.theuptake.org/en/videogalleryView/id/1694/ link]. (This is where we are supposed to put our one new entry before class right?)&lt;br /&gt;
* [http://freeconnie.com/ Free Connie]. A friend of mine from college, now at USC law, is defending a woman who suffered from BWS and has served her time in jail.  With the help of another one of our friends, he put together this site for public activism on her case.&lt;br /&gt;
* [http://ipetitions.com/ iPetitions]&lt;br /&gt;
* [http://capitoladvantage.com/ Capitol Advantage] Leading provider of Internet tools for congressional communication and civic participation.&lt;br /&gt;
* [http://www2.democracyinaction.org/ DemocracyInAction] is a non-profit that provides a suite of tools for progressive organizations, including fundraising, communications, and contact management.&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=All_Together_Now_For_Great_Justice_Dot_Org&amp;diff=1891</id>
		<title>All Together Now For Great Justice Dot Org</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=All_Together_Now_For_Great_Justice_Dot_Org&amp;diff=1891"/>
		<updated>2009-03-01T19:45:05Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Tools and Examples */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Hoellra|Rainer]]&#039;&#039;&#039; + [[User:Elanaberkowitz|&#039;&#039;&#039;Elana&#039;&#039;&#039;]] + &#039;&#039;&#039;[[User:Mchua|Mel]]&#039;&#039;&#039; - it&#039;s worth noting that we have a KSG student, an MBA student, and an engineer in our group, and no lawyers or law students, so expect this session to come from a slightly different perspective.&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
{{TOCright}}&lt;br /&gt;
&lt;br /&gt;
== Before class ==&lt;br /&gt;
&lt;br /&gt;
To prepare before class, please do the following.&lt;br /&gt;
&lt;br /&gt;
# Read the [[#Precis]], which will introduce you to the main topics of the session.&lt;br /&gt;
# Read and consider the [[#Core questions]] we will be discussing during the session.&lt;br /&gt;
# Read and complete the [[#Workshop prep]] exercise. This should take you no more than 20 minutes.&lt;br /&gt;
# Read the [[#Mandatory]] readings; there are 4 total; 2 are short, and 1 can be skimmed.&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
&lt;br /&gt;
Activism is &amp;quot;intentional action to bring about social or political change&amp;quot; ([http://en.wikipedia.org/wiki/Activism]). In this sense, activist have used the web for mobilizing people for all kinds of social causes, ranging from the tremendous success of the Obama campaign&#039;s online efforts to post-election citizen journalism and [http://www.netsquared.org/2008/conference/projects/ushahidi crisis mapping mash-ups] in Kenya to your basic online petition or full-scale and often illegal [http://en.wikipedia.org/wiki/Hacktivism hacktivist] activities. New tools are emerging for coordinating concrete action and volunteering ([http://www.pledgebank.org Pledgebank], [http://www.thepoint.org The Point], [http://www.zoosa.org Zoosa]) as well as fundraising and matching donors and social entrepreneurs ([http://apps.facebook.com/causes/about Facebook Causes], [http://www.donorschoose.org DonorsChoose], [http://www.socialvibe.com Socialvibe]), and other tools not explicitly designed for social action in particular ([http://www.twitter.com Twitter], collaborative document editing, IMs and text messages) are being pressed into service by tech-savvy grassroots organizers, sometimes to great effect.&lt;br /&gt;
&lt;br /&gt;
While online tools are being used by activists whose causes and organizations may have had long histories pre-internet, we also must consider internet activism in terms of new fields of action taken around issues of new issues of concern that the internet has given rise to -- see, for instance, Grey Tuesday, a day of coordinated electronic civil disobedience to distribute DJ Dangermouse&#039;s mashup, &amp;quot;Grey Album,&amp;quot; or Berkman&#039;s own OpenNet Initiative which monitors and reports on internet filtering and surveillance practices by governments around the world. &lt;br /&gt;
&lt;br /&gt;
Sandor Vegh, in his chapter of &#039;&#039;Cyberactivism&#039;&#039; edited by Martha McCaughey and Michael D. Ayershas [http://books.google.com/books?id=KHCjMkNRAkYC&amp;amp;pg=PA71&amp;amp;lpg=PA71&amp;amp;dq=Classifying+Forms+of+Online+Activism:+The+Case+of+Cyberprotests+Against+the+World+Bank&amp;amp;source=bl&amp;amp;ots=NtXY2ND1Ma&amp;amp;sig=XnCYz7850aSl2nJZNmQ4NTIeRak&amp;amp;hl=en&amp;amp;ei=1C-eSdmNLZaitgff2bWGDQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;resnum=1&amp;amp;ct=result suggests three categories] of &amp;quot;Cyberacticism&amp;quot;:&lt;br /&gt;
&lt;br /&gt;
{| border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;2&amp;quot;&lt;br /&gt;
|-valign=&amp;quot;top&amp;quot;&lt;br /&gt;
! Category || Uses || Examples || Tools&lt;br /&gt;
|- &lt;br /&gt;
| awareness/advocacy || Blogging, petitions || [http://www.peta.org PETA], [http://w2.eff.org/br/ Blue Ribbon Campaign] || Websites, mass mailings, podcasts, RSS&lt;br /&gt;
|-&lt;br /&gt;
| organization/mobilization || Campaigning, fundraising, volunteering, community building || [http://www.moveon.org Moveon], [http://www.pledgebank.org Pledgebank], [http://www.washingtonpost.com/wp-dyn/content/custom/2005/08/05/CU2005080501141.html?whichDay=1 Al Qaeda], Myanmar uprising || Websites, mass mailings, mobile applications, online/offline hybrids&lt;br /&gt;
|-&lt;br /&gt;
| direct online action/reaction || Electronic civil disobedience, hacktivism || [http://en.wikipedia.org/wiki/Cyberattacks_during_the_2008_South_Ossetia_war Cyberattacks during the 2008 South Ossetia war] || DDoS, website vandalizing, trojans, mass mailings&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
While these categories may offer a useful initial framework, many activists leverage all of these categories of activism in their work.&lt;br /&gt;
&lt;br /&gt;
== Core questions ==&lt;br /&gt;
&lt;br /&gt;
Needless to say, there are any of a number of ways to tackle a topic of this breadth but here are just a few structural and tactical questions to consider while doing the readings for class: &lt;br /&gt;
&lt;br /&gt;
1. An issue of tactics: What are the success factors of online activism tools? (And how much of the success of any given campaign can be attributed to the internet tools used as opposed to a superior ground operation or a more compelling issue/candidate?) Is there a generalizable model here? What are the parallels and differences with the way for-profit firms have tried to harness these tools? Further, as Ethan Zuckerman notes, &amp;quot;any sufficiently advanced read/write technology will get used for two purposes: pornography and activism. Porn is a weak test for the success of participatory media - it’s like tapping a mike and asking, “Is it on?” If you’re not getting porn in your system, it doesn’t work. Activism is a stronger test - if activists are using your tools, it’s a pretty good indication that your tools are useful and usable.&amp;quot; What online technologies have yet to be fully exploited by activists and why? &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
2. How do we define and measure success of online activism? Do online tools for activists allow for one to feel simply satisfied with a lazier, shallow degree of involvement (the median earned by many Facebook causes prominently displayed on so many users&#039; pages is under $50) or does it create new ladders of engagement? What is the meaning of your number of viewers, of addresses on your mailing list, or of Facebook friends for your cause? What is the fundamental difference between a computer mediated act of civil disobedience versus one offline? &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
3. Compared to traditional modes of activist engagement, digital tools change both the meaning and tactics of democratic participation. Still, we have to examine, who is in now and who is out now? Who has access and who still may not have it? How do old digital divides play out or new ones emerge? To what extent do these tools allow us to subvert hierarchies of power or to what extent do they create new hierarchies and gatekeepers? (i.e. Who participated by submitting questions to the YouTube Presidential debates in 2008? Given certain barriers to access, what voices or issues might not have been heard?) &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
4. Online activism often creates decentralized organizations, which act and react very differently than the centralized organizations most of us are used to, so both leveraging and counteracting distributed activist communities can be counterintuitive. What things can decentralized online movements do more easily than centralized (online or offline) ones, and what strategies might activists and/or their opponents do to take advantage of these tendencies to either promote or counteract a cause?&lt;br /&gt;
&lt;br /&gt;
== Contributors ==&lt;br /&gt;
&lt;br /&gt;
* [http://ethanzuckerman.com/ Ethan Zuckerman], Berkman Center Fellow, Co-Founder of [http://www.globalvoicesonline.org GlobalVoicesOnline.org], providing both practical and theoretical expertise with focus on applications in the developing world.&lt;br /&gt;
* [http://www.nicco.org Nicco Mele], IOP Fellow at the Harvard Kennedy School, founder of [http://www.echoditto.com/ EchoDitto], former Internet Operations Director of Gov. Dean&#039;s presidential primary campaign in 2003&lt;br /&gt;
&lt;br /&gt;
== Session design ==&lt;br /&gt;
&lt;br /&gt;
=== Workshop prep ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;To be done before class.&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
During class, we will be splitting into 6 randomly assigned teams for a rocket pitch workshop session. Teams will be competing to create and pitch ideas for internet-based projects for various hypothetical clients, played (and judged) by the session team (Mel, Rainer, and Elana), the course professors, and our guests.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Assignment:&#039;&#039;&#039; Examine online tools (software programs and platforms) that have been or could be used for online activism. Come to class with a list of 5 tools or interesting causes/campaigns that you examined - at least one of them should be something new you&#039;ve added to the list at [[#Tools]]. Each entry on the list should contain the following parts:&lt;br /&gt;
&lt;br /&gt;
* Name of tool - http://link-to-the-tool-if-possible.com - 1-2 sentence description of what types of projects/demographics/causes this tool would be particularly suited to AND/OR a link to an example of this tool being used for a specific activism project.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Requirements:&#039;&#039;&#039; The [[#Tools]] section below has some ideas for starters, but you must add at least one new item to the list as part of your 5 items. Tools must be internet-based in some way, but do not necessarily need to be limited to personal computers; cellphone/SMS apps, location-based tags and artifacts that somehow link or point to online spaces, etc. are also valid. Custom-developed applications that were developed and deployed for a specific project are ok, even if they cannot be reused for future projects - they&#039;re great examples.&lt;br /&gt;
&lt;br /&gt;
Non-mandatory but probably helpful: you can read about the [[#Workshop]] format for the exact times and materials you&#039;ll have available, as well as the [[#Judging]] criteria.&lt;br /&gt;
&lt;br /&gt;
=== Activity intro (10 minutes) ===&lt;br /&gt;
&lt;br /&gt;
We will first explain the ground rules of the rocket pitch workshop which will be held later in the session and introduce the 3 scenarios involved.&lt;br /&gt;
&lt;br /&gt;
=== Guests present case studies (30 minutes) ===&lt;br /&gt;
&lt;br /&gt;
Next, our guests will give short case study examples of projects they&#039;ve worked on and tactics they&#039;ve used. During this part of the session, students are encouraged to write down (on pieces of paper) questions they&#039;d like to bring up, and to save those papers for the discussion after the workshop.&lt;br /&gt;
&lt;br /&gt;
=== Workshop ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;(50 minutes)&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
You will be divided into 6 teams. Teams will roleplay the parts of teams assigned to create internet-based projects for various activism scenarios. Teams will compete to create the best 1-minute rocket pitch of their project idea. The 1-minute timing will be strict; we&#039;ll cut you off at 60 seconds.&lt;br /&gt;
&lt;br /&gt;
* You get 30 seconds to set up and 1 minute to present.&lt;br /&gt;
* Each group gets 3 big sheets of paper (&amp;quot;slides&amp;quot;) and a marker for each round. You do not have to use the paper. However, projector setup will count against your time...&lt;br /&gt;
* Groups can use any resources (including computers) and work anywhere they want.&lt;br /&gt;
* Your presentation can be and use any things or people you want.&lt;br /&gt;
&lt;br /&gt;
* 20 minutes: First scenario prep&lt;br /&gt;
* 10 minutes: First scenario presentations and [[#Judging]]&lt;br /&gt;
* 10 minutes: Second scenario prep&lt;br /&gt;
* 10 minutes: Second scenario presentations and [[#Judging]]&lt;br /&gt;
&lt;br /&gt;
=== Judging ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Judging is interspersed with the [[#Workshop]].&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Presentations will be judged on the following criteria, evenly weighted.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Criteria are still subject to change, and final judging criteria will be announced at the beginning of the session, but this is the current draft.&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;&#039;Tactics:&#039;&#039;&#039; Is your strategy well-articulated? Can we envison how you will carry out your game plan, and do we believe it&#039;s probable that you will reach your goals with the resources and timeframe you&#039;ve been allotted?&lt;br /&gt;
* &#039;&#039;&#039;Measurement:&#039;&#039;&#039; What is your goal? Have you defined what it would mean for your project to be successful, and how you will measure and determine your success?&lt;br /&gt;
* &#039;&#039;&#039;Analysis of competition:&#039;&#039;&#039; Did you articulate why your approach is better than others that might exist?&lt;br /&gt;
* &#039;&#039;&#039;Utilization of the Internet:&#039;&#039;&#039; Are you taking full advantage of the online medium? (Why would your project be more difficult/impossible offline?)&lt;br /&gt;
* &#039;&#039;&#039;Leveraging your audience:&#039;&#039;&#039; Did you articulate who you are trying to engage, and in what manner? Will your community be (or be working against one that is) centralized, decentralized, or hybrid - and why? If you are trying to build a community, how will you most effectively leverage the type of community you have chosen to build? If you are not trying to build a community, why not?&lt;br /&gt;
* &#039;&#039;&#039;Creativity:&#039;&#039;&#039; Are you using tools or processes in an unique way that nobody has tried before? Are you advocating a cause or reaching an audience not commonly addressed through this medium? Are you in some way doing something crazy and new?&lt;br /&gt;
&lt;br /&gt;
Note that we are &#039;&#039;not&#039;&#039; judging you on how well you pitch the &#039;&#039;cause,&#039;&#039; only the project. The judges are assuming the roles of supporters of the cause who want to fund your project, so you can safely assume that the judges (1) know all about your cause and (2) are already completely convinced that it is the best thing in the world.&lt;br /&gt;
&lt;br /&gt;
=== Discussion (30 minutes)===&lt;br /&gt;
&lt;br /&gt;
Students are now encouraged to bring out the questions they had earlier; we&#039;ll use these as the basis for a followup discussion.&lt;br /&gt;
&lt;br /&gt;
== Readings ==&lt;br /&gt;
&lt;br /&gt;
=== Mandatory ===&lt;br /&gt;
&lt;br /&gt;
* [http://www.articlearchives.com/law-legal-system/constitutional-law-freedom-press/1832458-1.html&#039;&#039;Technologies of Protest: Insurgent Social Movements and the First Amendment in the Era of the Internet,&#039;&#039;] by the law professor Seth Kreimer.&lt;br /&gt;
* [http://www.ethanzuckerman.com/blog/2008/03/08/the-cute-cat-theory-talk-at-etech/ Ethan Zuckerman&#039;s Cute Cat Theory of Digital Activism] (This is available in .mp3 format for free in podcast section of the iTunes store --CKennedy)&lt;br /&gt;
* [http://publius.cc/2008/12/09/from-the-bottom-up-using-the-internet-to-mobilize-campaign-participation From the Bottom-Up: Using the Internet to Mobilize Campaign Participation] by Dana Fisher, a short article that compares the strategies of Obama and McCain&#039;s online campaigns. (skim)&lt;br /&gt;
* Summaries and selections from &#039;&#039;The Starfish and the Spider&#039;&#039; by Ori Brafman and Rod A. Beckstrom, focused on pages 133-158 on &amp;quot;taking on decentralization,&amp;quot; which argues that conventional attack tactics fail against decentralized activism, and presents several strategies that can be used instead. Read the [http://magazine.redhat.com/2007/02/05/book-review-the-starfish-and-the-spider/ Red Hat Magazine review] by Jeff Mackanic and Greg DeKoenigsberg, which summarizes the main points, then see the [[Crib notes]] from p. 133-158 on attacking decentralization. (The entire book is worth reading as a framework for understanding decentralized movements.)&lt;br /&gt;
* [http://www.shirky.com/writings/powerlaw_weblog.html &amp;quot;Power Laws, Web Logs and Inequality&amp;quot;] by Clay Shirky&lt;br /&gt;
&lt;br /&gt;
=== Optional ===&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;A Review of Cyberactivism: Online Activism in Theory and Practice,&#039;&#039; edited by Martha McCaughey and Michael D. Ayers. (This book is difficult to get hold of, but good supplementary reading if you&#039;re interested and can procure a copy.)&lt;br /&gt;
* [http://rebooting.personaldemocracy.com/ Rebooting America: Ideas for Redesigning American Democracy for the Internet Age]&lt;br /&gt;
* http://www.ethanzuckerman.com/blog/2008/12/10/open-for-questions-participation-from-campaigning-to-governing/&lt;br /&gt;
* [http://www.huffingtonpost.com/zack-exley/the-new-organizers-part-1_b_132782.html The New Organizers: What&#039;s Really Behind Obama&#039;s Ground Game] from HuffPo.com&lt;br /&gt;
* [http://www.nytimes.com/2009/01/25/magazine/25bloggers-t.html?fta=y &amp;quot;Revolution Facebook Style: Can social networking turn young Egyptians into a force for Democratic Change?&amp;quot;] from the New York Times&lt;br /&gt;
*[http://www.economist.com/world/international/displaystory.cfm?story_id=12815678 &amp;quot;Rioters of the World Unite: They have nothing to lose but their web cameras&amp;quot;] from the Economist. See Patrick Meier&#039;s critique of the piece [http://irevolution.wordpress.com/2008/12/19/snap-mobs-of-the-world-unite-a-better-taxonomy/ here.]&lt;br /&gt;
* [http://mobileactive.org/wireless-technology-social-change-11-case-studies &amp;quot;Wireless Technology for Social Change: Trends in NGO Mobile Use&amp;quot;]&lt;br /&gt;
&lt;br /&gt;
== Tools and Examples ==&lt;br /&gt;
&lt;br /&gt;
* [http://www.digiactive.org/wp-content/uploads/digiactive_facebook_activism.pdf DigiActive Introduction to Facebook Activism]&lt;br /&gt;
* [http://apps.facebook.com/causes/about Facebook Causes]&lt;br /&gt;
* [http://www.netsquared.org/2008/conference/projects/ushahidi Crisis mapping mash-ups in Kenya]&lt;br /&gt;
* [http://www.pledgebank.org Pledgebank]&lt;br /&gt;
* [http://www.zoosa.org Zoosa]&lt;br /&gt;
* [http://globalvoicesonline.org/ Global Voices]&lt;br /&gt;
* [http://www.donorschoose.org DonorsChoose]&lt;br /&gt;
* [http://www.socialvibe.com Socialvibe]&lt;br /&gt;
* [http://citizenbase.org/approach Citizenbase]&lt;br /&gt;
* [http://www.frontlinesms.com/ Frontline SMS]&lt;br /&gt;
* [http://discoverscholars.org/ DiscoverScholars]&lt;br /&gt;
* [http://www.socialvibe.com/ SocialVibe]&lt;br /&gt;
* [http://www.techsoup.org/index.cfm TechSoup]&lt;br /&gt;
* [http://mobileactive.org/ MobileActive]&lt;br /&gt;
* [http://theuptake.org/ TheUpTake], a citizen journalism site whose efforts are summarized [http://en.wikipedia.org/wiki/The_UpTake here].  An example of their success in promoting political awareness is the coleman / franken recount and trials.  [http://uptake-editorial.groups.theuptake.org/en/videogalleryView/id/1694/ link]. (This is where we are supposed to put our one new entry before class right?)&lt;br /&gt;
* [http://freeconnie.com/ Free Connie]. A friend of mine from college, now at USC law, is defending a woman who suffered from BWS and has served her time in jail.  With the help of another one of our friends, he put together this site for public activism on her case.&lt;br /&gt;
* [http://ipetitions.com/ iPetitions]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=All_Together_Now_For_Great_Justice_Dot_Org&amp;diff=1890</id>
		<title>All Together Now For Great Justice Dot Org</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=All_Together_Now_For_Great_Justice_Dot_Org&amp;diff=1890"/>
		<updated>2009-03-01T19:37:29Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Tools and Examples */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Hoellra|Rainer]]&#039;&#039;&#039; + [[User:Elanaberkowitz|&#039;&#039;&#039;Elana&#039;&#039;&#039;]] + &#039;&#039;&#039;[[User:Mchua|Mel]]&#039;&#039;&#039; - it&#039;s worth noting that we have a KSG student, an MBA student, and an engineer in our group, and no lawyers or law students, so expect this session to come from a slightly different perspective.&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
{{TOCright}}&lt;br /&gt;
&lt;br /&gt;
== Before class ==&lt;br /&gt;
&lt;br /&gt;
To prepare before class, please do the following.&lt;br /&gt;
&lt;br /&gt;
# Read the [[#Precis]], which will introduce you to the main topics of the session.&lt;br /&gt;
# Read and consider the [[#Core questions]] we will be discussing during the session.&lt;br /&gt;
# Read and complete the [[#Workshop prep]] exercise. This should take you no more than 20 minutes.&lt;br /&gt;
# Read the [[#Mandatory]] readings; there are 4 total; 2 are short, and 1 can be skimmed.&lt;br /&gt;
&lt;br /&gt;
== Precis ==&lt;br /&gt;
&lt;br /&gt;
Activism is &amp;quot;intentional action to bring about social or political change&amp;quot; ([http://en.wikipedia.org/wiki/Activism]). In this sense, activist have used the web for mobilizing people for all kinds of social causes, ranging from the tremendous success of the Obama campaign&#039;s online efforts to post-election citizen journalism and [http://www.netsquared.org/2008/conference/projects/ushahidi crisis mapping mash-ups] in Kenya to your basic online petition or full-scale and often illegal [http://en.wikipedia.org/wiki/Hacktivism hacktivist] activities. New tools are emerging for coordinating concrete action and volunteering ([http://www.pledgebank.org Pledgebank], [http://www.thepoint.org The Point], [http://www.zoosa.org Zoosa]) as well as fundraising and matching donors and social entrepreneurs ([http://apps.facebook.com/causes/about Facebook Causes], [http://www.donorschoose.org DonorsChoose], [http://www.socialvibe.com Socialvibe]), and other tools not explicitly designed for social action in particular ([http://www.twitter.com Twitter], collaborative document editing, IMs and text messages) are being pressed into service by tech-savvy grassroots organizers, sometimes to great effect.&lt;br /&gt;
&lt;br /&gt;
While online tools are being used by activists whose causes and organizations may have had long histories pre-internet, we also must consider internet activism in terms of new fields of action taken around issues of new issues of concern that the internet has given rise to -- see, for instance, Grey Tuesday, a day of coordinated electronic civil disobedience to distribute DJ Dangermouse&#039;s mashup, &amp;quot;Grey Album,&amp;quot; or Berkman&#039;s own OpenNet Initiative which monitors and reports on internet filtering and surveillance practices by governments around the world. &lt;br /&gt;
&lt;br /&gt;
Sandor Vegh, in his chapter of &#039;&#039;Cyberactivism&#039;&#039; edited by Martha McCaughey and Michael D. Ayershas [http://books.google.com/books?id=KHCjMkNRAkYC&amp;amp;pg=PA71&amp;amp;lpg=PA71&amp;amp;dq=Classifying+Forms+of+Online+Activism:+The+Case+of+Cyberprotests+Against+the+World+Bank&amp;amp;source=bl&amp;amp;ots=NtXY2ND1Ma&amp;amp;sig=XnCYz7850aSl2nJZNmQ4NTIeRak&amp;amp;hl=en&amp;amp;ei=1C-eSdmNLZaitgff2bWGDQ&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;resnum=1&amp;amp;ct=result suggests three categories] of &amp;quot;Cyberacticism&amp;quot;:&lt;br /&gt;
&lt;br /&gt;
{| border=&amp;quot;1&amp;quot; cellpadding=&amp;quot;2&amp;quot;&lt;br /&gt;
|-valign=&amp;quot;top&amp;quot;&lt;br /&gt;
! Category || Uses || Examples || Tools&lt;br /&gt;
|- &lt;br /&gt;
| awareness/advocacy || Blogging, petitions || [http://www.peta.org PETA], [http://w2.eff.org/br/ Blue Ribbon Campaign] || Websites, mass mailings, podcasts, RSS&lt;br /&gt;
|-&lt;br /&gt;
| organization/mobilization || Campaigning, fundraising, volunteering, community building || [http://www.moveon.org Moveon], [http://www.pledgebank.org Pledgebank], [http://www.washingtonpost.com/wp-dyn/content/custom/2005/08/05/CU2005080501141.html?whichDay=1 Al Qaeda], Myanmar uprising || Websites, mass mailings, mobile applications, online/offline hybrids&lt;br /&gt;
|-&lt;br /&gt;
| direct online action/reaction || Electronic civil disobedience, hacktivism || [http://en.wikipedia.org/wiki/Cyberattacks_during_the_2008_South_Ossetia_war Cyberattacks during the 2008 South Ossetia war] || DDoS, website vandalizing, trojans, mass mailings&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
While these categories may offer a useful initial framework, many activists leverage all of these categories of activism in their work.&lt;br /&gt;
&lt;br /&gt;
== Core questions ==&lt;br /&gt;
&lt;br /&gt;
Needless to say, there are any of a number of ways to tackle a topic of this breadth but here are just a few structural and tactical questions to consider while doing the readings for class: &lt;br /&gt;
&lt;br /&gt;
1. An issue of tactics: What are the success factors of online activism tools? (And how much of the success of any given campaign can be attributed to the internet tools used as opposed to a superior ground operation or a more compelling issue/candidate?) Is there a generalizable model here? What are the parallels and differences with the way for-profit firms have tried to harness these tools? Further, as Ethan Zuckerman notes, &amp;quot;any sufficiently advanced read/write technology will get used for two purposes: pornography and activism. Porn is a weak test for the success of participatory media - it’s like tapping a mike and asking, “Is it on?” If you’re not getting porn in your system, it doesn’t work. Activism is a stronger test - if activists are using your tools, it’s a pretty good indication that your tools are useful and usable.&amp;quot; What online technologies have yet to be fully exploited by activists and why? &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
2. How do we define and measure success of online activism? Do online tools for activists allow for one to feel simply satisfied with a lazier, shallow degree of involvement (the median earned by many Facebook causes prominently displayed on so many users&#039; pages is under $50) or does it create new ladders of engagement? What is the meaning of your number of viewers, of addresses on your mailing list, or of Facebook friends for your cause? What is the fundamental difference between a computer mediated act of civil disobedience versus one offline? &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
3. Compared to traditional modes of activist engagement, digital tools change both the meaning and tactics of democratic participation. Still, we have to examine, who is in now and who is out now? Who has access and who still may not have it? How do old digital divides play out or new ones emerge? To what extent do these tools allow us to subvert hierarchies of power or to what extent do they create new hierarchies and gatekeepers? (i.e. Who participated by submitting questions to the YouTube Presidential debates in 2008? Given certain barriers to access, what voices or issues might not have been heard?) &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
4. Online activism often creates decentralized organizations, which act and react very differently than the centralized organizations most of us are used to, so both leveraging and counteracting distributed activist communities can be counterintuitive. What things can decentralized online movements do more easily than centralized (online or offline) ones, and what strategies might activists and/or their opponents do to take advantage of these tendencies to either promote or counteract a cause?&lt;br /&gt;
&lt;br /&gt;
== Contributors ==&lt;br /&gt;
&lt;br /&gt;
* [http://ethanzuckerman.com/ Ethan Zuckerman], Berkman Center Fellow, Co-Founder of [http://www.globalvoicesonline.org GlobalVoicesOnline.org], providing both practical and theoretical expertise with focus on applications in the developing world.&lt;br /&gt;
* [http://www.nicco.org Nicco Mele], IOP Fellow at the Harvard Kennedy School, founder of [http://www.echoditto.com/ EchoDitto], former Internet Operations Director of Gov. Dean&#039;s presidential primary campaign in 2003&lt;br /&gt;
&lt;br /&gt;
== Session design ==&lt;br /&gt;
&lt;br /&gt;
=== Workshop prep ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;To be done before class.&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
During class, we will be splitting into 6 randomly assigned teams for a rocket pitch workshop session. Teams will be competing to create and pitch ideas for internet-based projects for various hypothetical clients, played (and judged) by the session team (Mel, Rainer, and Elana), the course professors, and our guests.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Assignment:&#039;&#039;&#039; Examine online tools (software programs and platforms) that have been or could be used for online activism. Come to class with a list of 5 tools or interesting causes/campaigns that you examined - at least one of them should be something new you&#039;ve added to the list at [[#Tools]]. Each entry on the list should contain the following parts:&lt;br /&gt;
&lt;br /&gt;
* Name of tool - http://link-to-the-tool-if-possible.com - 1-2 sentence description of what types of projects/demographics/causes this tool would be particularly suited to AND/OR a link to an example of this tool being used for a specific activism project.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Requirements:&#039;&#039;&#039; The [[#Tools]] section below has some ideas for starters, but you must add at least one new item to the list as part of your 5 items. Tools must be internet-based in some way, but do not necessarily need to be limited to personal computers; cellphone/SMS apps, location-based tags and artifacts that somehow link or point to online spaces, etc. are also valid. Custom-developed applications that were developed and deployed for a specific project are ok, even if they cannot be reused for future projects - they&#039;re great examples.&lt;br /&gt;
&lt;br /&gt;
Non-mandatory but probably helpful: you can read about the [[#Workshop]] format for the exact times and materials you&#039;ll have available, as well as the [[#Judging]] criteria.&lt;br /&gt;
&lt;br /&gt;
=== Activity intro (10 minutes) ===&lt;br /&gt;
&lt;br /&gt;
We will first explain the ground rules of the rocket pitch workshop which will be held later in the session and introduce the 3 scenarios involved.&lt;br /&gt;
&lt;br /&gt;
=== Guests present case studies (30 minutes) ===&lt;br /&gt;
&lt;br /&gt;
Next, our guests will give short case study examples of projects they&#039;ve worked on and tactics they&#039;ve used. During this part of the session, students are encouraged to write down (on pieces of paper) questions they&#039;d like to bring up, and to save those papers for the discussion after the workshop.&lt;br /&gt;
&lt;br /&gt;
=== Workshop ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;(50 minutes)&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
You will be divided into 6 teams. Teams will roleplay the parts of teams assigned to create internet-based projects for various activism scenarios. Teams will compete to create the best 1-minute rocket pitch of their project idea. The 1-minute timing will be strict; we&#039;ll cut you off at 60 seconds.&lt;br /&gt;
&lt;br /&gt;
* You get 30 seconds to set up and 1 minute to present.&lt;br /&gt;
* Each group gets 3 big sheets of paper (&amp;quot;slides&amp;quot;) and a marker for each round. You do not have to use the paper. However, projector setup will count against your time...&lt;br /&gt;
* Groups can use any resources (including computers) and work anywhere they want.&lt;br /&gt;
* Your presentation can be and use any things or people you want.&lt;br /&gt;
&lt;br /&gt;
* 20 minutes: First scenario prep&lt;br /&gt;
* 10 minutes: First scenario presentations and [[#Judging]]&lt;br /&gt;
* 10 minutes: Second scenario prep&lt;br /&gt;
* 10 minutes: Second scenario presentations and [[#Judging]]&lt;br /&gt;
&lt;br /&gt;
=== Judging ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Judging is interspersed with the [[#Workshop]].&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Presentations will be judged on the following criteria, evenly weighted.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Criteria are still subject to change, and final judging criteria will be announced at the beginning of the session, but this is the current draft.&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;&#039;Tactics:&#039;&#039;&#039; Is your strategy well-articulated? Can we envison how you will carry out your game plan, and do we believe it&#039;s probable that you will reach your goals with the resources and timeframe you&#039;ve been allotted?&lt;br /&gt;
* &#039;&#039;&#039;Measurement:&#039;&#039;&#039; What is your goal? Have you defined what it would mean for your project to be successful, and how you will measure and determine your success?&lt;br /&gt;
* &#039;&#039;&#039;Analysis of competition:&#039;&#039;&#039; Did you articulate why your approach is better than others that might exist?&lt;br /&gt;
* &#039;&#039;&#039;Utilization of the Internet:&#039;&#039;&#039; Are you taking full advantage of the online medium? (Why would your project be more difficult/impossible offline?)&lt;br /&gt;
* &#039;&#039;&#039;Leveraging your audience:&#039;&#039;&#039; Did you articulate who you are trying to engage, and in what manner? Will your community be (or be working against one that is) centralized, decentralized, or hybrid - and why? If you are trying to build a community, how will you most effectively leverage the type of community you have chosen to build? If you are not trying to build a community, why not?&lt;br /&gt;
* &#039;&#039;&#039;Creativity:&#039;&#039;&#039; Are you using tools or processes in an unique way that nobody has tried before? Are you advocating a cause or reaching an audience not commonly addressed through this medium? Are you in some way doing something crazy and new?&lt;br /&gt;
&lt;br /&gt;
Note that we are &#039;&#039;not&#039;&#039; judging you on how well you pitch the &#039;&#039;cause,&#039;&#039; only the project. The judges are assuming the roles of supporters of the cause who want to fund your project, so you can safely assume that the judges (1) know all about your cause and (2) are already completely convinced that it is the best thing in the world.&lt;br /&gt;
&lt;br /&gt;
=== Discussion (30 minutes)===&lt;br /&gt;
&lt;br /&gt;
Students are now encouraged to bring out the questions they had earlier; we&#039;ll use these as the basis for a followup discussion.&lt;br /&gt;
&lt;br /&gt;
== Readings ==&lt;br /&gt;
&lt;br /&gt;
=== Mandatory ===&lt;br /&gt;
&lt;br /&gt;
* [http://www.articlearchives.com/law-legal-system/constitutional-law-freedom-press/1832458-1.html&#039;&#039;Technologies of Protest: Insurgent Social Movements and the First Amendment in the Era of the Internet,&#039;&#039;] by the law professor Seth Kreimer.&lt;br /&gt;
* [http://www.ethanzuckerman.com/blog/2008/03/08/the-cute-cat-theory-talk-at-etech/ Ethan Zuckerman&#039;s Cute Cat Theory of Digital Activism] (This is available in .mp3 format for free in podcast section of the iTunes store --CKennedy)&lt;br /&gt;
* [http://publius.cc/2008/12/09/from-the-bottom-up-using-the-internet-to-mobilize-campaign-participation From the Bottom-Up: Using the Internet to Mobilize Campaign Participation] by Dana Fisher, a short article that compares the strategies of Obama and McCain&#039;s online campaigns. (skim)&lt;br /&gt;
* Summaries and selections from &#039;&#039;The Starfish and the Spider&#039;&#039; by Ori Brafman and Rod A. Beckstrom, focused on pages 133-158 on &amp;quot;taking on decentralization,&amp;quot; which argues that conventional attack tactics fail against decentralized activism, and presents several strategies that can be used instead. Read the [http://magazine.redhat.com/2007/02/05/book-review-the-starfish-and-the-spider/ Red Hat Magazine review] by Jeff Mackanic and Greg DeKoenigsberg, which summarizes the main points, then see the [[Crib notes]] from p. 133-158 on attacking decentralization. (The entire book is worth reading as a framework for understanding decentralized movements.)&lt;br /&gt;
* [http://www.shirky.com/writings/powerlaw_weblog.html &amp;quot;Power Laws, Web Logs and Inequality&amp;quot;] by Clay Shirky&lt;br /&gt;
&lt;br /&gt;
=== Optional ===&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;A Review of Cyberactivism: Online Activism in Theory and Practice,&#039;&#039; edited by Martha McCaughey and Michael D. Ayers. (This book is difficult to get hold of, but good supplementary reading if you&#039;re interested and can procure a copy.)&lt;br /&gt;
* [http://rebooting.personaldemocracy.com/ Rebooting America: Ideas for Redesigning American Democracy for the Internet Age]&lt;br /&gt;
* http://www.ethanzuckerman.com/blog/2008/12/10/open-for-questions-participation-from-campaigning-to-governing/&lt;br /&gt;
* [http://www.huffingtonpost.com/zack-exley/the-new-organizers-part-1_b_132782.html The New Organizers: What&#039;s Really Behind Obama&#039;s Ground Game] from HuffPo.com&lt;br /&gt;
* [http://www.nytimes.com/2009/01/25/magazine/25bloggers-t.html?fta=y &amp;quot;Revolution Facebook Style: Can social networking turn young Egyptians into a force for Democratic Change?&amp;quot;] from the New York Times&lt;br /&gt;
*[http://www.economist.com/world/international/displaystory.cfm?story_id=12815678 &amp;quot;Rioters of the World Unite: They have nothing to lose but their web cameras&amp;quot;] from the Economist. See Patrick Meier&#039;s critique of the piece [http://irevolution.wordpress.com/2008/12/19/snap-mobs-of-the-world-unite-a-better-taxonomy/ here.]&lt;br /&gt;
* [http://mobileactive.org/wireless-technology-social-change-11-case-studies &amp;quot;Wireless Technology for Social Change: Trends in NGO Mobile Use&amp;quot;]&lt;br /&gt;
&lt;br /&gt;
== Tools and Examples ==&lt;br /&gt;
&lt;br /&gt;
* [http://www.digiactive.org/wp-content/uploads/digiactive_facebook_activism.pdf DigiActive Introduction to Facebook Activism]&lt;br /&gt;
* [http://apps.facebook.com/causes/about Facebook Causes]&lt;br /&gt;
* [http://www.netsquared.org/2008/conference/projects/ushahidi Crisis mapping mash-ups in Kenya]&lt;br /&gt;
* [http://www.pledgebank.org Pledgebank]&lt;br /&gt;
* [http://www.zoosa.org Zoosa]&lt;br /&gt;
* [http://globalvoicesonline.org/ Global Voices]&lt;br /&gt;
* [http://www.donorschoose.org DonorsChoose]&lt;br /&gt;
* [http://www.socialvibe.com Socialvibe]&lt;br /&gt;
* [http://citizenbase.org/approach Citizenbase]&lt;br /&gt;
* [http://www.frontlinesms.com/ Frontline SMS]&lt;br /&gt;
* [http://discoverscholars.org/ DiscoverScholars]&lt;br /&gt;
* [http://www.socialvibe.com/ SocialVibe]&lt;br /&gt;
* [http://www.techsoup.org/index.cfm TechSoup]&lt;br /&gt;
* [http://mobileactive.org/ MobileActive]&lt;br /&gt;
* [http://theuptake.org/ TheUpTake], a citizen journalism site whose efforts are summarized [http://en.wikipedia.org/wiki/The_UpTake here].  An example of their success in promoting political awareness is the coleman / franken recount and trials.  [http://uptake-editorial.groups.theuptake.org/en/videogalleryView/id/1694/ link]. (This is where we are supposed to put our one new entry before class right?)&lt;br /&gt;
* [http://freeconnie.com/ Free Connie]. A friend of mine from college, now at USC law, is defending a woman who suffered from BWS and has served her time in jail.  With the help of another one of our friends, he put together this site for public activism on her case.&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1679</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1679"/>
		<updated>2009-02-15T23:55:17Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Internet and recording technology in the courtroom */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Questions to consider in preparation for our discussion &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Questions about RIAA&#039;s use of the Copyright Act &lt;br /&gt;
** Part of the counterclaim argument is that the statutory damages should be parallel to punitive damages ala BMW v. Gore. Is this argument compelling? (should we make this case available?)&lt;br /&gt;
** The bottom line is that there is a statute prohibiting online filesharing that awards damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
** We’ve been toying with a “not unfair use” defense that would switch the burden of proof for non-commercial users.  Would Copyright’s Fair Use doctrine be tolerant of such a switch?&lt;br /&gt;
&lt;br /&gt;
* Questions about the Internet in the courtroom&lt;br /&gt;
** Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute?  Or is the right to view trials over the Internet a fundamental right -- analogous to the constitutional right to physically attend trials in the courtroom, just updated to account for modern technology?&lt;br /&gt;
** Is the opportunity for education brought about by webcasting trials outweighed by the opportunity for mis-education if the media devolves into soundbites and sensationalism?&lt;br /&gt;
** How should we value, and by what standard should we judge, the privacy rights and privacy requests of the various parties involved in a litigation (judge, jury, lawyers, litigants, victims, witnesses)?&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
(&#039;&#039;note: Required readings are in italic.  There are only five required readings.&#039;&#039;)&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (15 minutes) ===&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* &#039;&#039;Required Reading 1&#039;&#039;: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case (skim)]&lt;br /&gt;
&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* &#039;&#039;Required Reading 2&#039;&#039;: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling) (skim)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum ===&lt;br /&gt;
&lt;br /&gt;
* Optional: Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
==== A. RIAA&#039;s use of the Copyright Act (30 mins) ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;Required Reading 3&#039;&#039;: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;Required Reading 4&#039;&#039;: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
&lt;br /&gt;
* Reading: Tenenbaum brief (above)&lt;br /&gt;
&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
==== B. New Technology vs. Courtroom Norms (30 mins) ====&lt;br /&gt;
=====Internet and recording technology in the courtroom=====&lt;br /&gt;
* &#039;&#039;Required Reading 5: [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision re: Motion to Admit Internet]&lt;br /&gt;
* Optional: [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_081223MotionMemoInternetCoverage.pdf Tenenbaum&#039;s Motion to Admit Internet into the Courtroom]&lt;br /&gt;
* Optional: [ http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090117PetitionWritProhibitionMandamus.pdf Record Companies&#039; Appeal to First Circuit Court]&lt;br /&gt;
* Optional: [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129TenenbaumBrief.pdf Tenenbaum Opposition]&lt;br /&gt;
* Optional: [http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090129CVNBrief.pdf Amicus Brief by CVN]&lt;br /&gt;
* Optional: [http://www.eff.org/files/filenode/inresonybmgetal/09-1090AmicusCuriaeBrief.pdf EFF&#039;s amicus brief]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? (15 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Example: RIAA&#039;s new enforcement strategy [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* Digital Millennium Copyright Act&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Optional: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter]&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039;: We put up this website to help our supporters follow the case and interact with us as student lawyers. Spend some time on the site. What could be better? What would you like to see?&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1678</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1678"/>
		<updated>2009-02-15T23:27:56Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Tools / innovations for the presentation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Questions to consider in preparation for our discussion &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Questions about RIAA&#039;s use of the Copyright Act &lt;br /&gt;
** Part of the counterclaim argument is that the statutory damages should be parallel to punitive damages ala BMW v. Gore. Is this argument compelling? (should we make this case available?)&lt;br /&gt;
** The bottom line is that there is a statute prohibiting online filesharing that awards damages against an infringer.  What is Joel’s best argument in his defense?&lt;br /&gt;
** We’ve been toying with a “not unfair use” defense that would switch the burden of proof for non-commercial users.  Would Copyright’s Fair Use doctrine be tolerant of such a switch?&lt;br /&gt;
&lt;br /&gt;
* Questions about the Internet in the courtroom&lt;br /&gt;
** Should we approach the issue of whether to webcast trials over the Internet as simply a policy dispute?  Or is the right to view trials over the Internet a fundamental right -- analogous to the constitutional right to physically attend trials in the courtroom, just updated to account for modern technology?&lt;br /&gt;
** Is the opportunity for education brought about by webcasting trials outweighed by the opportunity for mis-education if the media devolves into soundbites and sensationalism?&lt;br /&gt;
** How should we value, and by what standard should we judge, the privacy rights and privacy requests of the various parties involved in a litigation (judge, jury, lawyers, litigants, victims, witnesses)?&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
(&#039;&#039;note: Required readings are in italic.  There are only five required readings.&#039;&#039;)&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (15 minutes) ===&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* &#039;&#039;Required Reading 1&#039;&#039;: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case (skim)]&lt;br /&gt;
&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* &#039;&#039;Required Reading 2&#039;&#039;: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling) (skim)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum ===&lt;br /&gt;
&lt;br /&gt;
* Optional: Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
==== A. RIAA&#039;s use of the Copyright Act (30 mins) ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;Required Reading 3&#039;&#039;: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
&lt;br /&gt;
* &#039;&#039;Required Reading 4&#039;&#039;: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of Copyright Act and abuse of process]&lt;br /&gt;
&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of Copyright Act to try and shape norms of Internet usage =====&lt;br /&gt;
&lt;br /&gt;
* Reading: Tenenbaum brief (above)&lt;br /&gt;
&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
==== B. New Technology vs. Courtroom Norms (30 mins) ====&lt;br /&gt;
=====Internet and recording technology in the courtroom=====&lt;br /&gt;
* &#039;&#039;Required Reading 5: [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision re: Motion to Admit Internet]&lt;br /&gt;
* Optional: Tenenbaum&#039;s Motion to Admit Internet into the Courtroom&lt;br /&gt;
* Optional: Record Companies&#039; Appeal to First Circuit Court&lt;br /&gt;
&lt;br /&gt;
=== Part III. Closing Discussion: Which are the most promising ways to adjust old laws to new media? (15 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Example: RIAA&#039;s new enforcement strategy [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html (optional reading)]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* Digital Millennium Copyright Act&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Optional: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter]&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback]. For this class, tag your Tweets with &amp;quot;#iif&amp;quot; and&amp;quot;#joelfightsback.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://joelfightsback.com JoelFightsBack Website]&#039;&#039;&#039;: We put up this website to help our supporters follow the case and interact with us as student lawyers. Spend some time on the site. What could be better? What would you like to see?&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1269</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1269"/>
		<updated>2009-01-18T19:16:52Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Part III. The Internet in the Courtroom (30 mins) */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (15 minutes) ===&lt;br /&gt;
=====Topic Introduction: Conflict between old laws and new media=====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
=====Overview of attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
* Optional: Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
==== A. RIAA&#039;s use of the Copyright Act ====&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Applying the Copyright Act&#039;s statutory damages framework to Internet users =====&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections challenging constitutionality of copyright damages]&lt;br /&gt;
&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
&lt;br /&gt;
===== Using the Copyright Act to shape norms of Internet usage =====&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief, focus on sections asserting abuse of process]&lt;br /&gt;
&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. The Internet in the Courtroom (30 mins) ===&lt;br /&gt;
* Optional: Motion to Allow Internet in the Courtroom&lt;br /&gt;
* Reading: [http://joelfightsback.com/wp-content/uploads/730.pdf Judge Gertner&#039;s Decision]&lt;br /&gt;
* Reading: Appeal to First Circuit Court&lt;br /&gt;
&lt;br /&gt;
=== Part IV. Closing Discussion: Which are the most promising ways to adjust old laws to new media? (15 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Example: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* Digital Millennium Copyright Act&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter]&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback].&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** &#039;&#039;&#039;During class&#039;&#039;&#039;: Opportunity to micro-blog&lt;br /&gt;
** &#039;&#039;&#039;Note from Debbie&#039;&#039;&#039;: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
** &#039;&#039;&#039;What we plan to do with this&#039;&#039;&#039;: Be sure to friend &amp;quot;debbie rosenbaum.&amp;quot; Once class is over, we will compile the tweets and distribute. We&#039;re hoping that the thoughts as expressed through tweets from two dozen HLS students will provide an interesting stream of consciousness ... and maybe even a coherent policy analysis.&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1254</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1254"/>
		<updated>2009-01-18T19:06:40Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Tools / innovations for the presentation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
=====Topic Introduction=====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
=====Record industry&#039;s attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief challenging constitutionality of copyright damages and asserting abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
** Optional: Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
=== Part III. The Internet in the Courtroom (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
=== Part IV. Closing Discussion: What are the pros and cons of various ways to adjust old laws to new media? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter]&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback].&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** &#039;&#039;&#039;During class&#039;&#039;&#039;: Opportunity to micro-blog&lt;br /&gt;
** &#039;&#039;&#039;Note from Debbie&#039;&#039;&#039;: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
** &#039;&#039;&#039;What we plan to do with this&#039;&#039;&#039;: Be sure to friend &amp;quot;debbie rosenbaum.&amp;quot; Once class is over, we will compile the tweets and distribute. We&#039;re hoping that the thoughts as expressed through tweets from two dozen HLS students will provide an interesting stream of consciousness ... and maybe even a coherent policy analysis.&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1253</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1253"/>
		<updated>2009-01-18T19:06:11Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Tools / innovations for the presentation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
=====Topic Introduction=====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
=====Record industry&#039;s attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief challenging constitutionality of copyright damages and asserting abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
** Optional: Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
=== Part III. The Internet in the Courtroom (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
=== Part IV. Closing Discussion: What are the pros and cons of various ways to adjust old laws to new media? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter]&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback].&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
** &#039;&#039;&#039;What we plan to do with this&#039;&#039;&#039;: Be sure to friend &amp;quot;debbie rosenbaum.&amp;quot; Once class is over, we will compile the tweets and distribute. We&#039;re hoping that the thoughts as expressed through tweets from two dozen HLS students will provide an interesting stream of consciousness ... and maybe even a coherent policy analysis.&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1248</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1248"/>
		<updated>2009-01-18T19:02:08Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* OLD CONTENT FROM HERE DOWN */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
=====Topic Introduction=====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
=====Record industry&#039;s attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief challenging constitutionality of copyright damages and asserting abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
** Optional: Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
=== Part IV. Closing Discussion: What are the pros and cons of various ways to adjust old laws to new media? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter]&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback].&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1247</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1247"/>
		<updated>2009-01-18T19:01:51Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Tools / innovations for the presentation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
=====Topic Introduction=====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
=====Record industry&#039;s attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Tenenbaum brief challenging constitutionality of copyright damages and asserting abuse of process]&lt;br /&gt;
* Reference: Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]).&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
** Optional: Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
=== Part IV. Closing Discussion: What are the pros and cons of various ways to adjust old laws to new media? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://cyber.law.harvard.edu/questions/iif2009 Question Tool]&#039;&#039;&#039;&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;[http://twitter.com Twitter]&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is [http://twitter.com twitter].  We encourage you to check us out at: http://twitter.com/joelfightsback twitter.com/joelfightsback].&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1243</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1243"/>
		<updated>2009-01-18T18:57:47Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Part II. Case study: RIAA vs. Tenenbaum (60 mins) */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
=====Topic Introduction=====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
=====Record industry&#039;s attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Joel&#039;s Amended Counterclaim]&lt;br /&gt;
* Optional: The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
** Optional: Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1242</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1242"/>
		<updated>2009-01-18T18:57:03Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Guest */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
=====Topic Introduction=====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
=====Record industry&#039;s attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Joel&#039;s Amended Counterclaim]&lt;br /&gt;
* Optional: The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
** AOptional: rticles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
[http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson]&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1241</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1241"/>
		<updated>2009-01-18T18:56:22Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Subject matter of the class */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
=====Topic Introduction=====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
=====Record industry&#039;s attempts to apply existing copyright law to online file-sharing=====&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Joel&#039;s Amended Counterclaim]&lt;br /&gt;
* Optional: The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
** AOptional: rticles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1237</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1237"/>
		<updated>2009-01-18T18:48:52Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* RIAA&amp;#039;s use of pre-Internet copyright laws against individuals */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
RIAA&#039;s use of pre-Internet copyright law against file sharing services &lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* Optional: The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
** AOptional: rticles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1236</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1236"/>
		<updated>2009-01-18T18:48:26Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* RIAA&amp;#039;s use of pre-Internet copyright laws against individuals */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
RIAA&#039;s use of pre-Internet copyright law against file sharing services &lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
== RIAA&#039;s use of pre-Internet copyright laws against individuals ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
* Optional: The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
** AOptional: rticles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1235</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1235"/>
		<updated>2009-01-18T18:46:24Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Part II. Strategies that have been employed to deal with the tension to date (60 mins) */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
RIAA&#039;s use of pre-Internet copyright law against file sharing services &lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Case study: RIAA vs. Tenenbaum (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
== RIAA&#039;s use of pre-Internet copyright laws against individuals ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-1.pdf Complaint against Tenenbaum]&lt;br /&gt;
** Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-2.pdf J-01-2]&lt;br /&gt;
** Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. ([http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-3.pdf J-01-3], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-4.pdf -4], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-5.pdf -5], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-6.pdf -6], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-7.pdf -7], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-8.pdf -8], [http://blogs.law.harvard.edu/cyberone/files/2008/11/j-01-9.pdf -9])&lt;br /&gt;
&lt;br /&gt;
* Optional: The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Optional: [http://www.eff.org/wp/riaa-v-people-years-later EFF article background on RIAA&#039;s litigation strategy]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1234</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1234"/>
		<updated>2009-01-18T18:38:41Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Part I. Background (~30 minutes) */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
RIAA&#039;s use of pre-Internet copyright law against file sharing services &lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Overview of Music Industry Business Model]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1233</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1233"/>
		<updated>2009-01-18T18:36:26Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Part I. Background (~30 minutes) */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
RIAA&#039;s use of pre-Internet copyright law against file sharing services &lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1232</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1232"/>
		<updated>2009-01-18T18:35:46Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* RIAA&amp;#039;s use of pre-Internet copyright law against file sharing services */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1231</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1231"/>
		<updated>2009-01-18T18:35:24Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* File sharing: It’s history, growth, and impact on the music industry. */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing File sharing: It’s history, growth, and impact on the music industry.]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright law against file sharing services =====&lt;br /&gt;
* Readings:&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].   (Note: I included the Ninth Circuit opinion because I though that it really shows how the decentralized nature of the file sharing technology, made possible by the Internet’s architecture, rendered pre-Internet grounds for secondary liability insufficient to find Grokster liable.  To make the amount of reading less copious, maybe we can put up an excerpted version of the opinion?  Or should we just discuss this during the class?)&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1230</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1230"/>
		<updated>2009-01-18T18:34:21Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* The music industry&amp;#039;s pre-Internet business model */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== File sharing: It’s history, growth, and impact on the music industry. =====&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright law against file sharing services =====&lt;br /&gt;
* Readings:&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].   (Note: I included the Ninth Circuit opinion because I though that it really shows how the decentralized nature of the file sharing technology, made possible by the Internet’s architecture, rendered pre-Internet grounds for secondary liability insufficient to find Grokster liable.  To make the amount of reading less copious, maybe we can put up an excerpted version of the opinion?  Or should we just discuss this during the class?)&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1229</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1229"/>
		<updated>2009-01-18T18:34:04Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* File sharing: It’s history, growth, and impact on the music industry. */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
===== The music industry&#039;s pre-Internet business model =====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== File sharing: It’s history, growth, and impact on the music industry. =====&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/File_sharing Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright law against file sharing services =====&lt;br /&gt;
* Readings:&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].   (Note: I included the Ninth Circuit opinion because I though that it really shows how the decentralized nature of the file sharing technology, made possible by the Internet’s architecture, rendered pre-Internet grounds for secondary liability insufficient to find Grokster liable.  To make the amount of reading less copious, maybe we can put up an excerpted version of the opinion?  Or should we just discuss this during the class?)&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1228</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1228"/>
		<updated>2009-01-18T18:33:45Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* The music industry&amp;#039;s pre-Internet business model */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
===== The music industry&#039;s pre-Internet business model =====&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
* Reading: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
* Optional: [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].&lt;br /&gt;
* Optional: [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== File sharing: It’s history, growth, and impact on the music industry. =====&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright law against file sharing services =====&lt;br /&gt;
* Readings:&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].   (Note: I included the Ninth Circuit opinion because I though that it really shows how the decentralized nature of the file sharing technology, made possible by the Internet’s architecture, rendered pre-Internet grounds for secondary liability insufficient to find Grokster liable.  To make the amount of reading less copious, maybe we can put up an excerpted version of the opinion?  Or should we just discuss this during the class?)&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1134</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1134"/>
		<updated>2009-01-14T03:51:35Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* The music industry&amp;#039;s pre-Internet business model */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
===== The music industry&#039;s pre-Internet business model =====&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== File sharing: It’s history, growth, and impact on the music industry. =====&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright law against file sharing services =====&lt;br /&gt;
* Readings:&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].   (Note: I included the Ninth Circuit opinion because I though that it really shows how the decentralized nature of the file sharing technology, made possible by the Internet’s architecture, rendered pre-Internet grounds for secondary liability insufficient to find Grokster liable.  To make the amount of reading less copious, maybe we can put up an excerpted version of the opinion?  Or should we just discuss this during the class?)&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1133</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1133"/>
		<updated>2009-01-14T03:50:36Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Let courts adapt the case law to technology */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
===== The music industry&#039;s pre-Internet business model =====&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
* Reading: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== File sharing: It’s history, growth, and impact on the music industry. =====&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright law against file sharing services =====&lt;br /&gt;
* Readings:&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].   (Note: I included the Ninth Circuit opinion because I though that it really shows how the decentralized nature of the file sharing technology, made possible by the Internet’s architecture, rendered pre-Internet grounds for secondary liability insufficient to find Grokster liable.  To make the amount of reading less copious, maybe we can put up an excerpted version of the opinion?  Or should we just discuss this during the class?)&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1132</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1132"/>
		<updated>2009-01-14T03:50:01Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* The music industry&amp;#039;s pre-Internet business model */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
===== The music industry&#039;s pre-Internet business model =====&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
* Reading: Sony &amp;quot;Betamax&amp;quot; case&lt;br /&gt;
&lt;br /&gt;
===== File sharing: It’s history, growth, and impact on the music industry. =====&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright law against file sharing services =====&lt;br /&gt;
* Readings:&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].   (Note: I included the Ninth Circuit opinion because I though that it really shows how the decentralized nature of the file sharing technology, made possible by the Internet’s architecture, rendered pre-Internet grounds for secondary liability insufficient to find Grokster liable.  To make the amount of reading less copious, maybe we can put up an excerpted version of the opinion?  Or should we just discuss this during the class?)&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Optional reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1131</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=1131"/>
		<updated>2009-01-14T03:47:17Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Tools / innovations for the presentation */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Precis&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension between old laws and new media.  The Internet has threatened the way many &amp;quot;traditional&amp;quot; companies do business.  Many of these companies have attempted to preserve their existing business models by applying pre-Internet statutory or regulatory regimes to cyberspace.  Critics assert that the old laws are ill-suited for this purpose:  they threaten to slow innovation on the Internet and, in any event, are ineffective in the Internet age. &lt;br /&gt;
&lt;br /&gt;
Perhaps the clearest -- and most high profile -- example of this phenomenon is the RIAA and its struggles to adapt to Internet distribution of music.  This class will use the RIAA and its efforts to use old pre-Internet laws to curb file sharing as a case study for exploring the tension between old laws and new media.  The purposes of the class include understanding the tension, understanding and evaluating strategies that have been used to address the tension to date, and considering what the right approach should be.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Subject matter of the class ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Part I. Background (~30 minutes) ===&lt;br /&gt;
===== The music industry&#039;s pre-Internet business model =====&lt;br /&gt;
* [http://en.wikipedia.org/wiki/Music_industry Wikipedia reference]&lt;br /&gt;
* Debbie, you listed “Sony” as a reading.  Not sure what you were referring to.&lt;br /&gt;
&lt;br /&gt;
===== File sharing: It’s history, growth, and impact on the music industry. =====&lt;br /&gt;
* [http://en.wikipedia.org/wiki/File_sharing Wikipedia reference]&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright law against file sharing services =====&lt;br /&gt;
* Readings:&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf Grokster (Supreme Court ruling)]&lt;br /&gt;
** [http://w2.eff.org/IP/P2P/MGM_v_Grokster/20040819_mgm_v_grokster_decision.pdf Grokster (Ninth Circuit ruling)].   (Note: I included the Ninth Circuit opinion because I though that it really shows how the decentralized nature of the file sharing technology, made possible by the Internet’s architecture, rendered pre-Internet grounds for secondary liability insufficient to find Grokster liable.  To make the amount of reading less copious, maybe we can put up an excerpted version of the opinion?  Or should we just discuss this during the class?)&lt;br /&gt;
&lt;br /&gt;
===== RIAA&#039;s use of pre-Internet copyright laws against individuals =====&lt;br /&gt;
* The imperfect fit of a pre-Internet statutory scheme being applied in an Internet setting.  In particular, focus on the Copyright Act&#039;s statutory damage provisions (see [http://www.copyright.gov/title17/92chap5.html#504 here] and [http://thomas.loc.gov/cgi-bin/query/z?c106:h3456.enr: here]), how they operated pre-Internet, and how they have been applied by rights holders for Internet infringement.&lt;br /&gt;
* Pre-Internet law&#039;s ability to do justice when so many Internet controversies pit individuals against large corporations.&lt;br /&gt;
** Can a class action-like approach be used?&lt;br /&gt;
&lt;br /&gt;
* Readings: &lt;br /&gt;
**[http://www.eff.org/wp/riaa-v-people-years-later EFF article] (this is a biased take, did not have much success finding a thorough unbiased account)&lt;br /&gt;
** [http://blogs.law.harvard.edu/cyberone/files/2008/11/676.pdf Motion filed in the case of Sony BMG v Tenenbaum]&lt;br /&gt;
** Articles about Professor Nesson&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]&lt;br /&gt;
&lt;br /&gt;
===== Brief discussion on other legal doctrines that show the tension between old laws and new media, for context. =====&lt;br /&gt;
* Matt fill in?&lt;br /&gt;
&lt;br /&gt;
=== Part II. Strategies that have been employed to deal with the tension to date (60 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Continue employing the existing imperfect statutory scheme =====&lt;br /&gt;
* Example: the litigation campaign against individual file sharers and file sharing services based on the pre-Internet statutory scheme.&lt;br /&gt;
&lt;br /&gt;
===== Let courts adapt the case law to technology =====&lt;br /&gt;
* Example: Grokster, where the Supreme Court created a new category of liability&lt;br /&gt;
* Example: The [http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html issue] of whether “making available” constitutes copyright infringement, currently being wrestled with by lower courts&lt;br /&gt;
* Optional reading: [http://www.enfacto.com/case/U.S./464/417/ Sony &amp;quot;Betamax&amp;quot; case]&lt;br /&gt;
&lt;br /&gt;
===== Lobby for new laws in Congress =====&lt;br /&gt;
* DMCA&lt;br /&gt;
* Reading: (will prepare an excerpted version as a reading)&lt;br /&gt;
&lt;br /&gt;
===== Abandon the old laws and use self-help or create private sector enforcement =====&lt;br /&gt;
* Reading: [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html RIAA&#039;s new enforcement strategy]&lt;br /&gt;
&lt;br /&gt;
=== Part III. Discussion: How should we best deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments? (30 mins) ===&lt;br /&gt;
&lt;br /&gt;
===== Any of the strategies listed above? =====&lt;br /&gt;
&lt;br /&gt;
===== Make Internet regulation part of the administrative state (i.e., empower the FCC) =====&lt;br /&gt;
* Reading: [http://www.newsweek.com/id/176809/output/print Lessig article]&lt;br /&gt;
&lt;br /&gt;
===== Other ideas? =====&lt;br /&gt;
&lt;br /&gt;
== Guest == &lt;br /&gt;
Professor Charles Nesson&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== Tools / innovations for the presentation ==&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Question Tool&#039;&#039;&#039;: [http://cyber.law.harvard.edu/questions/list.php]&lt;br /&gt;
&lt;br /&gt;
** To do before: post/vote for questions/concerns about the readings.&lt;br /&gt;
** During class: continue live conversation online.&lt;br /&gt;
&lt;br /&gt;
*&#039;&#039;&#039;Twitter&#039;&#039;&#039;: As part of the RIAA case, one of the technologies we have been experimenting with is twitter.com.  We encourage you to check us out at: www.twitter.com/joelfightsback.&lt;br /&gt;
&lt;br /&gt;
** To do before: Create your own account, if you wish.  (Be sure to &amp;quot;friend&amp;quot; both joelfightsback and debbierosenbaum!)&lt;br /&gt;
** During class: Opportunity to micro-blog&lt;br /&gt;
** Note from Debbie: I&#039;ve been twittering for a few weeks and love it.  It allows me not only to post my random thoughts of the moment -- often academic or worldly in nature -- but also to essentially keep a live journal.  I encourage you all to try it for the semester.  At least during classes; at the end, you&#039;ll be nostalgic -- promise.&lt;br /&gt;
&lt;br /&gt;
== OLD CONTENT FROM HERE DOWN ==&lt;br /&gt;
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].  In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.&lt;br /&gt;
&lt;br /&gt;
==== General relationship between technological change and the law ====&lt;br /&gt;
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media industries use their influence to shape laws that affect new media?  What characteristics of the legal system  especially the dynamics of litigation and congressional lawmaking  affect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During this second part of class, we&#039;ll be guided by the following series of questions:&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.  Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that these responsibilities would unduly interfere with the free market.  &lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM, DMCA, and CDA. Consider Lessig&#039;s article stating that regulatory regimes should be disfavored: [http://www.newsweek.com/id/176809/output/print &amp;quot;minimal intervention to maximize innovation.&amp;quot;]  Consider RIAA&#039;s new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] as an example in which the private sector is attempting to create their own &amp;quot;regulatory&amp;quot; regime with minimal government intervention. &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno v. ACLU.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?&lt;br /&gt;
&lt;br /&gt;
=== Guests ===&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Readings for Class === &lt;br /&gt;
&lt;br /&gt;
* The links in the writeup above.&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Copyright-related readings &#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html Discussion of RIAA&#039;s new tactics to curb file sharing]&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials)&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Speech-related readings &#039;&#039;&#039;&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*  [http://en.wikipedia.org/wiki/Communications_Decency_Act CDA], especially [http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html Section 230].&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other readings &#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Possible Tools ===&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator].&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
* Webcast.  Distribute the Question Tool or Google Moderator link so remote listeners can help steer the discussion.&lt;br /&gt;
&lt;br /&gt;
=== Music Downloading Agents to Preview ===&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=926</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=926"/>
		<updated>2008-12-22T00:54:55Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Premise&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension that occurs when we attempt to apply old laws to new media and communications technologies (including the Internet). The discussions in this session should provide a useful legal perspective on the societal issues addressed in the sessions regarding music, news, and other communications media.&lt;br /&gt;
&lt;br /&gt;
The class will be split into two parts.  &lt;br /&gt;
&lt;br /&gt;
* First, it will introduce/reacquaint the class with the legal issues that arise in connection with new media technologies.  The Internet and other digital media raise a number of questions about communication law and policy: Should they be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise this questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].&lt;br /&gt;
&lt;br /&gt;
* Second, looking beyond individual cases and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media use their influence to shape laws that affect new media?  What characteristics of the legal systemespecially the dynamics of litigation and congressional lawmakingaffect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
During the second part of class, we&#039;ll be guided by the series of questions we&#039;ve posted below.&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;You&#039;ll want to coordinate with the publication and journalism weeks if possible. [[User:JZ|JZ]] 05:16, 16 December 2008 (UTC)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Questions of the week&#039;&#039;&#039;&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  Consider Sony&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  Consider Tenenbaum filings.&lt;br /&gt;
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations?  Consider MGM and DMCA&lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?  Consider Reno.&lt;br /&gt;
* Other questions to consider:&lt;br /&gt;
** What IS new media?  Consider Lessig article.&lt;br /&gt;
** How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?  &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tentative ideas for topics&#039;&#039;&#039;&lt;br /&gt;
* Copyright law (e.g., recording industry&#039;s litigation campaign against filesharing) (including the specific example of Sony BMG v. Tenenbaum, a federal file-sharing case the three of us are working on with Professor Charles Nesson, co-founder of the Berkman Center)&lt;br /&gt;
* Speech-related law (e.g., defamation, anonymous speech rights)&lt;br /&gt;
* Privacy laws&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Guests&#039;&#039;&#039;&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Readings for Class&#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
* [http://www.law.cornell.edu/copyright/cases/464_US_417.htm Sony Corporation v. Universal City Studios, 464 U.S. 417(1984)] (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials).&lt;br /&gt;
* [http://www.wired.com/wired/archive/12.03/lessig_pr.html Some Like It Hot by Lessig]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible Tools&#039;&#039;&#039;&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool]&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
Music Downloading Agents to Preview&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=925</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=925"/>
		<updated>2008-12-22T00:40:08Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Premise&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension that occurs when we attempt to apply old laws to new media and communications technologies (including the Internet). The discussions in this session should provide a useful legal perspective on the societal issues addressed in the sessions regarding music, news, and other communications media.&lt;br /&gt;
&lt;br /&gt;
The class will be split into two parts.  &lt;br /&gt;
&lt;br /&gt;
* First, it will introduce/reacquaint the class with the legal issues that arise in connection with new media technologies.  The Internet and other digital media raise a number of questions about communication law and policy: Should they be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise this questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].&lt;br /&gt;
&lt;br /&gt;
* Second, looking beyond individual cases and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media use their influence to shape laws that affect new media?  What characteristics of the legal systemespecially the dynamics of litigation and congressional lawmakingaffect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;You&#039;ll want to coordinate with the publication and journalism weeks if possible. [[User:JZ|JZ]] 05:16, 16 December 2008 (UTC)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Questions of the week&#039;&#039;&#039;&lt;br /&gt;
* What IS new media?&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  &lt;br /&gt;
* How has traditional law challenged new media?&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? &lt;br /&gt;
* How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  &lt;br /&gt;
* What regulatory regime is emerging, if any, to govern new media?&lt;br /&gt;
* How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?  &lt;br /&gt;
* Do we apply old laws to new technologies, or do we create new regulations?  &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tentative ideas for topics&#039;&#039;&#039;&lt;br /&gt;
* Copyright law (e.g., recording industry&#039;s litigation campaign against filesharing) (including the specific example of Sony BMG v. Tenenbaum, a federal file-sharing case the three of us are working on with Professor Charles Nesson, co-founder of the Berkman Center)&lt;br /&gt;
* Speech-related law (e.g., defamation, anonymous speech rights)&lt;br /&gt;
* Privacy laws&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Guests&#039;&#039;&#039;&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Readings for Class&#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [http://www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible Tools&#039;&#039;&#039;&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool]&lt;br /&gt;
* [http://www.youtube.com YouTube]&lt;br /&gt;
Music Downloading Agents to Preview&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=924</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=924"/>
		<updated>2008-12-22T00:38:45Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Premise&#039;&#039;&#039;&lt;br /&gt;
This topic concerns the tension that occurs when we attempt to apply old laws to new media and communications technologies (including the Internet). The discussions in this session should provide a useful legal perspective on the societal issues addressed in the sessions regarding music, news, and other communications media.&lt;br /&gt;
&lt;br /&gt;
The class will be split into two parts.  &lt;br /&gt;
&lt;br /&gt;
* First, it will introduce/reacquaint the class with the legal issues that arise in connection with new media technologies.  The Internet and other digital media raise a number of questions about communication law and policy: Should they be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  What regulatory regime is emerging, if any, to govern new media?  We will use the Joel Tenenbaum lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise this questions.  Articles about Joel&#039;s case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&amp;amp;articleId=9124118&amp;amp;intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here].&lt;br /&gt;
&lt;br /&gt;
* Second, looking beyond individual cases and policies, the class will explore general relationships between technological change and the law.  What drives changes in laws that govern media technologies?  How do old media use their influence to shape laws that affect new media?  What characteristics of the legal systemespecially the dynamics of litigation and congressional lawmakingaffect society&#039;s response to new media?  What&#039;s the role of citizen activists in shaping laws?  How does social science research (e.g., studies about the effects of new media) bear on legal decisions?&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;You&#039;ll want to coordinate with the publication and journalism weeks if possible. [[User:JZ|JZ]] 05:16, 16 December 2008 (UTC)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Questions of the week&#039;&#039;&#039;&lt;br /&gt;
* What IS new media?&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  &lt;br /&gt;
* How has traditional law challenged new media?&lt;br /&gt;
* Given what we&#039;ve learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? &lt;br /&gt;
* How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  &lt;br /&gt;
* What regulatory regime is emerging, if any, to govern new media?&lt;br /&gt;
* How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?  &lt;br /&gt;
* Do we apply old laws to new technologies, or do we create new regulations?  &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tentative ideas for topics&#039;&#039;&#039;&lt;br /&gt;
* Copyright law (e.g., recording industry&#039;s litigation campaign against filesharing) (including the specific example of Sony BMG v. Tenenbaum, a federal file-sharing case the three of us are working on with Professor Charles Nesson, co-founder of the Berkman Center)&lt;br /&gt;
* Speech-related law (e.g., defamation, anonymous speech rights)&lt;br /&gt;
* Privacy laws&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Guests&#039;&#039;&#039;&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt (invitation extended)&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner (invitation extended)&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson] (invitation extended)&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Readings for Class&#039;&#039;&#039;&lt;br /&gt;
* [http://blogs.law.harvard.edu/cyberone/riaa/docket/ Various court documents and media coverage from the Sony v. Tenenbaum case]&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0521_0844_ZS.html Reno v. ACLU, 521 U.S. 844 (1997)] (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
* [http://www.law.cornell.edu/supct/html/04-480.ZS.html Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005)] (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* [www.copyright.gov/legislation/dmca.pdf Digital Millennium Copyright Act] (1998 law that extended U.S. copyright principles to digital materials).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible Tools&#039;&#039;&#039;&lt;br /&gt;
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool]&lt;br /&gt;
* [www.youtube.com YouTube]&lt;br /&gt;
Music Downloading Agents to Preview&lt;br /&gt;
* [http://www.Rhapsody.com Rhapsody]&lt;br /&gt;
* [http://www.limewire.com Limewire]&lt;br /&gt;
* [http://www.kazaa.com/ Kazaa]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=923</id>
		<title>Old Laws/New Media</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Old_Laws/New_Media&amp;diff=923"/>
		<updated>2008-12-22T00:11:57Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
back to [[syllabus]]&lt;br /&gt;
&lt;br /&gt;
This topic concerns the tension that occurs when we attempt to apply old laws to new media and communications technologies (including the Internet). The discussions in this session should provide a useful legal perspective on the societal issues addressed in the sessions regarding music, news, and other communications media.&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;You&#039;ll want to coordinate with the publication and journalism weeks if possible. [[User:JZ|JZ]] 05:16, 16 December 2008 (UTC)&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tentative &amp;quot;questions of the week&amp;quot; &#039;&#039;&#039;&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  &lt;br /&gt;
* How has traditional law challenged new media?&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;For our purposes, questions like these call for a case study to bring it into a week&#039;s focus. [[User:JZ|JZ]] 05:16, 16 December 2008 (UTC)&lt;br /&gt;
&lt;br /&gt;
* Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  &lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;I&#039;d start with a problem for which treating it one way or another represents a solution (and/or an introduction of new problems).&lt;br /&gt;
&lt;br /&gt;
* How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  &lt;br /&gt;
* What regulatory regime is emerging, if any, to govern new media?&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;What &#039;&#039;is&#039;&#039; new media?&lt;br /&gt;
&lt;br /&gt;
* How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?  &lt;br /&gt;
* Do we apply old laws to new technologies, or do we create new regulations?  &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tentative ideas for topics&#039;&#039;&#039;&lt;br /&gt;
* Copyright law (e.g., recording industry&#039;s litigation campaign against filesharing) (including the specific example of Sony BMG v. Tenenbaum, a federal file-sharing case the three of us are working on with Professor Charles Nesson, co-founder of the Berkman Center)&lt;br /&gt;
* Speech-related law (e.g., defamation, anonymous speech rights)&lt;br /&gt;
* Privacy laws&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible guests&#039;&#039;&#039;&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* Professor Charles Nesson&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible readings&#039;&#039;&#039;&lt;br /&gt;
* Various court documents and media coverage from the Sony v. Tenenbaum case&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
* Reno v. ACLU, 521 U.S. 844 (1997) (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
* Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005) (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* Digital Millennium Copyright Act (1998 law that extended U.S. copyright principles to digital materials).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other considerations&#039;&#039;&#039;&lt;br /&gt;
* TBD&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
:&#039;&#039;&#039;So far some really broad questions -- there are a million directions you could take with this.  Tenenbaum might not be a bad case study; I&#039;m sure Nesson would be interested in presenting. [[User:JZ|JZ]] 05:16, 16 December 2008 (UTC)&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Syllabus&amp;diff=922</id>
		<title>Syllabus</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Syllabus&amp;diff=922"/>
		<updated>2008-12-22T00:04:17Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Old Laws/New Media */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== The Future of Copyright and Entertainment ==&lt;br /&gt;
[[The Future of Copyright and Entertainment]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Topic owners:&#039;&#039; &#039;&#039;[[User:Jfishman|Joe]], [[User:Miriam|Miriam]]&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Old Laws/New Media ==&lt;br /&gt;
&lt;br /&gt;
[[Old Laws/New Media]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== The Internet and Publication ==&lt;br /&gt;
[[The Internet and Publication]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:  [[User:Gwen|Gwen]], [[User:Lbaker|Lee]], [[User:Cooper|Jon]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Free and Open Source Software ==&lt;br /&gt;
[[Free and Open Source Software]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:  [[User:dulles|dulles]]&#039;&#039;&#039;,&#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== All Together Now For Great Justice Dot Org ==&lt;br /&gt;
[[All Together Now For Great Justice Dot Org]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Hoellra|Rainer]]&#039;&#039;&#039; + [[User:Elanaberkowitz|&#039;&#039;&#039;Elana&#039;&#039;&#039;]] + &#039;&#039;&#039;[[User:Mchua|Mchua]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== The Internet and Societal Inequity ==&lt;br /&gt;
[[The Internet and Societal Inequity]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Megerman|Mark]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:G|Graham]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Prediction Markets ==&lt;br /&gt;
[[Prediction Markets]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Mwansley|Matthew]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:EST|Elisabeth]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Anonymity and privacy ==&lt;br /&gt;
[[Anonymity and privacy]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners: [[User:Danray|Dan Ray]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:CKennedy|Conor]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:Jgruensp|Joshua]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== The Future of News ==&lt;br /&gt;
[[The Future of News]]&lt;br /&gt;
&lt;br /&gt;
Topic owners: [[User:Drood]], [[User:jf]]&lt;br /&gt;
&lt;br /&gt;
== Internet Governance and Regulation ==&lt;br /&gt;
[[Internet Governance and Regulation]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic owners: [[User:Bepa|Vera]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User: AMehra|Arjun]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Internet + Environment + Venture Capital ==&lt;br /&gt;
&lt;br /&gt;
Topic owners: Andrew Klaber and DAL&lt;br /&gt;
[[Internet, Environment, and Venture Capital]]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Syllabus&amp;diff=921</id>
		<title>Syllabus</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Syllabus&amp;diff=921"/>
		<updated>2008-12-22T00:04:00Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Old Laws/New Media */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== The Future of Copyright and Entertainment ==&lt;br /&gt;
[[The Future of Copyright and Entertainment]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Topic owners:&#039;&#039; &#039;&#039;[[User:Jfishman|Joe]], [[User:Miriam|Miriam]]&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Old Laws/New Media ==&lt;br /&gt;
&lt;br /&gt;
[[Old Laws/New Media]]&lt;br /&gt;
&lt;br /&gt;
Topic Owners: Matt Sanchez, Debbie Rosenbaum, &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:  [[User:smukherjee|Shubham Mukherjee]], [[User:DebbieRosenbaum|Debbie Rosenbaum]], [[User:MSanchez|Matt Sanchez]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== The Internet and Publication ==&lt;br /&gt;
[[The Internet and Publication]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:  [[User:Gwen|Gwen]], [[User:Lbaker|Lee]], [[User:Cooper|Jon]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Free and Open Source Software ==&lt;br /&gt;
[[Free and Open Source Software]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:  [[User:dulles|dulles]]&#039;&#039;&#039;,&#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== All Together Now For Great Justice Dot Org ==&lt;br /&gt;
[[All Together Now For Great Justice Dot Org]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Hoellra|Rainer]]&#039;&#039;&#039; + [[User:Elanaberkowitz|&#039;&#039;&#039;Elana&#039;&#039;&#039;]] + &#039;&#039;&#039;[[User:Mchua|Mchua]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== The Internet and Societal Inequity ==&lt;br /&gt;
[[The Internet and Societal Inequity]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Megerman|Mark]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:G|Graham]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Prediction Markets ==&lt;br /&gt;
[[Prediction Markets]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Mwansley|Matthew]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:EST|Elisabeth]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Anonymity and privacy ==&lt;br /&gt;
[[Anonymity and privacy]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic Owners: [[User:Danray|Dan Ray]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:CKennedy|Conor]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:Jgruensp|Joshua]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== The Future of News ==&lt;br /&gt;
[[The Future of News]]&lt;br /&gt;
&lt;br /&gt;
Topic owners: [[User:Drood]], [[User:jf]]&lt;br /&gt;
&lt;br /&gt;
== Internet Governance and Regulation ==&lt;br /&gt;
[[Internet Governance and Regulation]]&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Topic owners: [[User:Bepa|Vera]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User: AMehra|Arjun]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
== Internet + Environment + Venture Capital ==&lt;br /&gt;
&lt;br /&gt;
Topic owners: Andrew Klaber and DAL&lt;br /&gt;
[[Internet, Environment, and Venture Capital]]&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Syllabus&amp;diff=611</id>
		<title>Syllabus</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Syllabus&amp;diff=611"/>
		<updated>2008-12-07T22:59:12Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Old Laws/New Media */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== The Future of Copyright and Entertainment ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039; &#039;&#039;[[User:Jfishman|Joe]], [[User:Miriam|Miriam]]&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Alternative compensation and consumption models (Terry Fisher/Noank, Aimee Street, imeem, hulu, tip jars, the MPAA deal, girl talk; Gray Tuesday/downhill battle)&lt;br /&gt;
* RIAA case against individual file sharers as a strategic move&lt;br /&gt;
* Comparative/int’l angles&lt;br /&gt;
* fan fiction websites &lt;br /&gt;
* right of privacy/publicity on social network sites &lt;br /&gt;
&lt;br /&gt;
==== Changing trends in Consumption &amp;amp; Creation of Music and other Performance Art====&lt;br /&gt;
&lt;br /&gt;
We are beginning to see more and more choices for where and how to get copyrighted music.  Gone are the days when it was either download illegally on programs such as Limewire or pay for them on iTunes.  There have been attempts at creating new marketplaces from scratch such as at [http://amiestreet.com Aimee Street], which lowers the cost of discovering new music by setting price according to download popularity. Then there has been [http://grooveshark.com Grooveshark], which charges for downloads from its user-uploaded library but actually gives a cut to the original uploader.  And then we find the advertisement-driven revenue model creeping in, such as at [http://www.imeem.com Imeem], the third-most popular social networking site on the Internet as of August (behind only facebook and MySpace).&lt;br /&gt;
&lt;br /&gt;
It&#039;s clear that the days of CD browsing at Tower Records are behind us.  And while iTunes has been the one primarily filling the vacuum, the proliferation of web-based alternatives is making things interesting.  Are any of these models likely to succeed?  Are our methods of music consumption likely to have an impact on our methods of music production? And just where does the recording industry fit in to all of it?&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible Guests&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Radiohead (worth a shot, right?)&lt;br /&gt;
* Brian Burton, aka DJ Danger Mouse&lt;br /&gt;
* Girl Talk&lt;br /&gt;
* Jan Jannink (co-founder of imeem, formerly of Napster)&lt;br /&gt;
* James Boyle (Duke Law School &amp;amp; chair of Creative Commons)&lt;br /&gt;
* John Buckman (Magnatune Records)&lt;br /&gt;
* Downhill Battle&lt;br /&gt;
&lt;br /&gt;
==== The Proliferation of Images Online ====&lt;br /&gt;
tbd&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible Guests&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Rebecca Tushnet &lt;br /&gt;
&lt;br /&gt;
tbd&lt;br /&gt;
&lt;br /&gt;
== Old Laws/New Media ==&lt;br /&gt;
&lt;br /&gt;
Matt Sanchez, Debbie Rosenbaum, Shubham Mukherjee&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tentative &amp;quot;questions of the week&amp;quot; &#039;&#039;&#039;&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  &lt;br /&gt;
* How has traditional law challenged new media?&lt;br /&gt;
* Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  &lt;br /&gt;
* How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  &lt;br /&gt;
* What regulatory regime is emerging, if any, to govern new media?&lt;br /&gt;
* How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?  &lt;br /&gt;
* Do we apply old laws to new technologies, or do we create new regulations?  &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tentative ideas for topics&#039;&#039;&#039;&lt;br /&gt;
* Copyright law (e.g., recording industry&#039;s litigation campaign against filesharing) (including the specific example of Sony BMG v. Tenenbaum, a federal file-sharing case the three of us are working on with Professor Charles Nesson, co-founder of the Berkman Center)&lt;br /&gt;
* Speech-related law (e.g., defamation and libel laws)&lt;br /&gt;
* Privacy laws&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible guests&#039;&#039;&#039;&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt&lt;br /&gt;
* Google Antitrust Lawyer Dana Wagner&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* Professor Charles Nesson&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible readings&#039;&#039;&#039;&lt;br /&gt;
* Various court documents and media coverage from the Sony v. Tenenbaum case&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
* Reno v. ACLU, 521 U.S. 844 (1997) (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
* Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005) (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* Digital Millennium Copyright Act (1998 law that extended U.S. copyright principles to digital materials).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other considerations&#039;&#039;&#039;&lt;br /&gt;
* TBD&lt;br /&gt;
&lt;br /&gt;
== The Internet and Publication ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:  [[User:Gwen|Gwen]], [[User:Lbaker|Lee]], [[User:Cooper|Jon]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The internet has completely changed the meaning of publication, and the relationship between print and digital media is continually evolving.  The advent of the personal computer and the internet have changed the way information is assembled, distributed, managed, and digested in ways at least as dramatic and consequential as the advent of the printing press.  How are traditional publishers coping with these changes?  What new forms of publishing are made possible by the internet, and what challenges do they entail? --[[User:Gwen|Gwen]] 16:34, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== The Publication Process ===&lt;br /&gt;
&lt;br /&gt;
==== Open Access Publishing ====&lt;br /&gt;
&lt;br /&gt;
Addressing whether there actually seems to be a movement toward this model, and away from traditional science/tech publishing.  What effects movement toward this model might have on quality, oversight, etc. of published articles.  Also, discussion of business models/funding, problems with open access models, etc.  And any copyright issues (to tie things back to law).&lt;br /&gt;
&lt;br /&gt;
This can relate both to open access of full articles (as with [http://www.plos.org/ PLoS]) or single experiments/results (including [http://sciencecommons.org/ Science Commons] and like projects to both make the data available, and, perhaps more importantly, the technologies to make it available in usable form)&lt;br /&gt;
&lt;br /&gt;
Would &amp;quot;open review&amp;quot; (instead of &amp;quot;peer review&amp;quot;) work? Are there any models around? What about a Slashdot-style system of moderation and meta-moderation?&lt;br /&gt;
&lt;br /&gt;
Yes, there is at least one example that I can think of.  Lawrence Lessig published the first edition of his book Code in 1999.  It came out in paper and ink.  Several years later, in order to &amp;quot;translate&amp;quot; (his word) the book into a second edition, Lessig persuaded the publisher (Basic Books) to allow him to post the entire text of the first edition of the book on a wiki hosted by Jotspot.  (The Wiki text was licensed under a Creative Commons  Attribution-ShareAlike 2.5 License.)  Lessig explains, &amp;quot;a team of &#039;chapter captains&#039; helped facilitate a conversation about the text.  There were some edits to the text itself, and many more valuable comments and criticisms.  I then took that text as of the end of 2005 and added my own edits to produce this book.&amp;quot; (Preface to &#039;&#039;Code version 2.0&#039;&#039;, x.)  &#039;&#039;Code version 2.0&#039;&#039; is the result of this collaborative editing process.  It is available for purchase in paper and ink, for free as a [http://pdf.codev2.cc/Lessig-Codev2.pdf PDF download], and also on a [http://www.socialtext.net/codev2/index.cgi wiki] hosted by Socialtext. --[[User:Gwen|Gwen]] 15:45, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== Collaborative and Customized Textbooks ====&lt;br /&gt;
&lt;br /&gt;
Maybe also Harvard&#039;s new open access policy for academic work?&lt;br /&gt;
(note that the Harvard Free Culture group is working on the matter - see [http://wiki.freeculture.org/Open_University_Campaign The Weeler Declaration])&lt;br /&gt;
&lt;br /&gt;
JZ described an innovative publication option with which Foundation Press seems willing to experiment:  essentially, individual chapters are available independently from one another, giving instructors the freedom to custom build a text book that contains exactly their desired materials (no more, and no less), in the desired sequence.  Assuming this model is technologically, legally, and financially feasible, what benefits and drawbacks does it entail?  Possible risks might include a lack of completeness and/or organization in the materials ultimately acquired by students as well as the possibility that pedagogical emphasis is dictated by sociologically driven group trends rather than deliberately thoughtful decision making.  --[[User:Gwen|Gwen]] 15:57, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== Self Publication ====&lt;br /&gt;
&lt;br /&gt;
One of the biggest and most obvious changes wrought by the advent of the internet and PCs the ability of individuals to self-publish; it is now cheap, quick, and easy to reach a mass audience with one&#039;s own text, images, and sounds.  The rise of blogging, Youtube, and other developments have further increased the ease of self-publication.  I know that several scholars have studied the rise and impact of self publication opportunities, but I&#039;m not sure what conclusions they&#039;ve drawn or which of them might be interesting to bring in as a guest.  Suggestions? --[[User:Gwen|Gwen]] 16:09, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== The Relationship Between Print and Digital Media ===&lt;br /&gt;
&lt;br /&gt;
==== Google Book Search ====&lt;br /&gt;
&lt;br /&gt;
What does the [http://www.authorsguild.org/advocacy/articles/settlement-resources.html recent settlement] between Google and the Authors Guild/American Association of Publishers regarding online accessibility of digitalized books mean?  Many have hailed it for both improving access to knowledge by creating [http://www.nytimes.com/2008/11/30/opinion/30gleick.html?em &amp;quot;the long dreamed of universal library&amp;quot;] and for avoiding a judicial resolution that might have exposed antiquated aspects of US copyright law.  But there may also be troubling aspects of having access to such a large and unique collection of content controlled by a single for-profit company (the agreement is non-exclusive to Google, but it may be  difficult for a legitimate competitor to emerge, given Google&#039;s sizable first mover advantage).  &lt;br /&gt;
&lt;br /&gt;
Is this settlement optimal for all interested groups?  Presumably it is for Google and the Authors Guild/AAP, but what about externalities for non-parties, such as the reading public?  Is some sort of government intervention appropriate to ensure access to this &amp;quot;universal library&amp;quot;?  What difference does it make, if any, that this &amp;quot;universal library&amp;quot; is operated by a private company reliant on many [http://www.google.com/googlebooks/partners.html public university libraries?]&lt;br /&gt;
&lt;br /&gt;
==== The Shifting Role of Publishing Companies ====&lt;br /&gt;
&lt;br /&gt;
As noted above under &amp;quot;Self Publication,&amp;quot; the internet makes it very easy for individuals to make their work widely available.  However, actually garnering a sizable audience or realizing a profit from one&#039;s work remains a greater challenge; it appears to be with respect to this step that the services of traditional publishers appear to retain some value.  After all, publishing companies offer marketing channels and name recognition in addition to simply machines that print a books.  Are traditional publishing companies threatened by the new forms of publishing that the internet makes possible?  Are publishers better off battling the internet (for example, by emphasizing the superiority and reliability of their traditional services) or embracing it (for example, by offering digital and internet-based publication services)? --[[User:Gwen|Gwen]] 16:16, 1 December 2008 (EST)  Should the latter services and items -- such as ebooks, audiobooks in mp3 format, and Amazon Kindle -- be replacements for or compliments to printed books?  --[[User:Gwen|Gwen]] 07:32, 2 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== The Fate of Printed Materials ====&lt;br /&gt;
&lt;br /&gt;
Will the internet cause the use of printed materials to decline to the point that printed materials become obsolete?  Obsolescence is reality in my own experience with The &#039;&#039;Harvard Journal of Law and Technology&#039;&#039; (&#039;&#039;JOLT&#039;&#039;). &#039;&#039;JOLT&#039;&#039; publishes its articles online on its [http://jolt.law.harvard.edu/ website], and it also publishes shorter and more timely posts online in its companion, the [http://jolt.law.harvard.edu/digest/ JOLT Digest].  In addition to being available directly to any internet user, all &#039;&#039;JOLT&#039;&#039; articles are made available through legal research databases, including Westlaw and Lexis.  Each semester, we order from our publisher (Hein) enormous boxes of the new issue in print, but we have no idea what to do with them.  Even after giving away copies to our parents, there are still stacks and stacks of unwanted and unneeded paper copies, and a lighthearted dialogue about what to do with them has steadily taken over the dry erase board in our office.  These printed copies of our journal are literally useless. --[[User:Gwen|Gwen]] 16:32, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
The way that readers encounter and digest information is vastly different in the context of printed materials and in the context of digital and online materials.  These differences have consequences for both academic researchers and regular citizens in terms of both the kind of information an individual is exposed to and the way that the individual approaches those sources.  If a dramatic shift away from printed media is happening, what other shifts does that entail for the way that people learn, synthesize, and evaluate information? --[[User:Gwen|Gwen]] 16:45, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
We talked about an [http://www.theatlantic.com/doc/200807/google interesting article] relating to the topic of how digital media and the internet are affecting the way in which people read in JZ&#039;s 1L reading group.  The article relates more to how the presentation of written material on the &#039;net (short and skimmable, links galore, etc.) is affecting the way we process information and our ability to read &amp;quot;long&amp;quot; pieces (ie. more than a page or so) without becoming distracted.  It is a bit tangential to the specific discussion of the movement of print media onto digital form (since it mostly discusses the &#039;&#039;differences&#039;&#039; between the format of media in each of the forms), but is interesting regardless. [[User:Lbaker|Lbaker]] 08:55, 2 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== Distribution Channels ====&lt;br /&gt;
&lt;br /&gt;
How is the internet changing the way printed materials are distributed?  [http://www.amazon.com Amazon.com] appears to be taking over the role of brick-and-mortar bookstores by offering a cheaper and more convenient way to purchase new printed books; their &amp;quot;look inside&amp;quot; feature makes the online shopping experience even more similar to being in a live bookstore.  Similarly, [http://www.abebooks.com Abebooks.com] and similar websites have made it possible for individuals to locate and purchase used, out-of-print, and rare books from one another without requiring the research services of specialized booksellers.  Even if hard copy printed materials remain in demand, might bookstores become obsolete? --[[User:Gwen|Gwen]] 19:41, 4 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Possible Guests ===&lt;br /&gt;
* Google book digitization people and/or members of the authors guild&lt;br /&gt;
* Amazon Kindle people&lt;br /&gt;
* People from publishing companies doing offering innovative services, products, or editing processes involving the internet. (Does anybody know of such companies?)&lt;br /&gt;
* Someone who has studied self publication on the internet (names?)&lt;br /&gt;
* Someone who has studied reading habits in conjunction with the shift away from printed media (names?)&lt;br /&gt;
* Lessig? (he is probably more useful for a different topic)&lt;br /&gt;
&lt;br /&gt;
== Free and Open Source Software ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:  [[dulles]]&#039;&#039;&#039;,&#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
* How can a dispersed, multilingual collection of coders working for free assemble something as complicated as a web browser, let alone an entire operating system? Open-source projects are famously free-wheeling, but different organizational models and tools have sprung up to solve these obstacles.&lt;br /&gt;
&lt;br /&gt;
What are the forces that drive hackers to contribute to open source projects? What, if anything, can we learn from applying theories of [http://en.wikipedia.org/wiki/Gift_economy gift economies] to open source projects? Should we read Lewis Hyde&#039;s [http://southerncrossreview.org/4/schwartz.html The Gift]? (n.b. i may be motivated by my own desire to read the book -- [[dulles]])&lt;br /&gt;
&lt;br /&gt;
* Eric Raymond/OSI ?&lt;br /&gt;
* PJ/Groklaw&lt;br /&gt;
* Strategies and indemnities (e.g. SCO v. IBM)&lt;br /&gt;
* Questioning the foundations of the free software movement (i.e. the &amp;quot;four freedoms&amp;quot;)[http://en.wikipedia.org/wiki/Free_software#cite_ref-bull6_3-0] -- how much does access to the source code really matter anymore?  Are there alternative theories (e.g. &amp;quot;generativity&amp;quot;) that better capture the values at stake? Affero License? (Eben Moglen?)&lt;br /&gt;
* The organization/groups/cooperation questions: how do free software projects organize and govern themselves, and what broader lessons might be learned from it?  (e.g. debian, IETF)&lt;br /&gt;
&lt;br /&gt;
(This marks my initial claim to the topic, though I would be overjoyed to work with others - [[dulles]])&lt;br /&gt;
&lt;br /&gt;
== Philanthropy/Causes/Cooperation via the Internet ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Hoellra|Rainer]]&#039;&#039;&#039; + [[User:Elanaberkowitz|&#039;&#039;&#039;Elana&#039;&#039;&#039;]] + &#039;&#039;&#039;[[User:Mchua|Mchua]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Title ===&lt;br /&gt;
&lt;br /&gt;
Suggestions:&lt;br /&gt;
&lt;br /&gt;
* All Together Now For Great Justice Dot Org&lt;br /&gt;
&lt;br /&gt;
=== Precis ===&lt;br /&gt;
&lt;br /&gt;
Examples:&lt;br /&gt;
* Pledgebank&lt;br /&gt;
* Facebook Causes&lt;br /&gt;
&lt;br /&gt;
::Yeah, we probably should work on this part more. [[User:Mchua|Mchua]] 06:07, 5 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
* www.zoosa.org&lt;br /&gt;
&lt;br /&gt;
=== Guest wish list ===&lt;br /&gt;
* Prof. Yochai Benkler&lt;br /&gt;
* Tom Steinberg&lt;br /&gt;
&lt;br /&gt;
=== Readings ===&lt;br /&gt;
&lt;br /&gt;
Needed. [[User:Mchua|Mchua]] 06:07, 5 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Concrete question(s) of the week ===&lt;br /&gt;
&lt;br /&gt;
* When does it work, when does it not? and why?&lt;br /&gt;
:: Ok, maybe we need to make these more concrete... [[User:Mchua|Mchua]] 06:07, 5 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Anything else material towards planning your topic ===&lt;br /&gt;
&lt;br /&gt;
Of course there are a lot of custom-built tools for mobilizing people online to get things done in the real world. On the other hand, what about more general tools? We&#039;ve all been invited, via Facebook, to join groups and attend events (the Obama campaign certainly made good use of this); is there a generalizable model here?&lt;br /&gt;
&lt;br /&gt;
Facebook groups dedicated to particular causes remind me of the online petitions that began circulating widely via email about ten years ago:  their effectiveness in accomplishing real world change--and even their visibility to individuals capable of affecting the desired changes--are dubious.  Is the real purpose of these movements simply to make participants &#039;&#039;feel&#039;&#039; like they are being active and involved?  What percentage of those who signed email petitions in the 1990s were aware that their signatures were unverifiable and that the widely-distributed emails were unlikely to be collated and submitted to an official authority?  What expectations do participants in facebook group causes have for their involvement and its consequences?  The facebook group causes are certainly more centralized and visible than the old email petitions, and they provide a better tool for identifying and communicating with supporters in order to mobilize them in an organized fashion.  How often is such mobilization attempted, and with what degree of success?  As a tool of online activism, is facebook a step forward from chain emails, is it a step in a different direction, or does it just serve the same old functions but in newer packaging?  --[[User:Gwen|Gwen]] 08:26, 29 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
Maybe we can invite some of the leaders of the various social networking sites or Jascha Franklin-Hodge, who was an architect of the Obama campaign&#039;s use of social technology.&lt;br /&gt;
&lt;br /&gt;
Might also be worth considering SMS applications that interface with the internet in this context especially since cell phones will presumably be the nexus of tech activism in the developing world. See FrontlineSMS or Ushahidi, a web crisis mapping project that let any user with a cell phone text in reports of violence in post-election Kenya as a way to geographically report real-time citizen reporting. (ELANA)&lt;br /&gt;
&lt;br /&gt;
=== Discussion about splitting? ===&lt;br /&gt;
&lt;br /&gt;
(Context: This is a large topic and a large group, Rainer proposed that we split into two pairs.) I would propose splitting into two coordinated groups - one on the Obama campaign, one on SMS (or some other focus); the idea would be to ask if we can schedule these two sessions back-to-back, and make sure that the two teams can build on and complement each others&#039; work. If this works out, I&#039;d have a slight preference for an Obama-as-a-casetudy-for-causes-via-the-internet group, since I&#039;m already looking into that as an example for part of my community-building work for OLPC and Sugar Labs. [[User:Mchua|Mchua]] 01:47, 6 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== The Internet and Societal Inequity ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Megerman|Mark]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:G|Graham]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Socio-technical Gap ===&lt;br /&gt;
&lt;br /&gt;
Problems encountered in the act of discoursing itself are sometimes addressed via social means, technological means, or both. It has been suggested that technological tools should support social processes, but there is an adaptation of each realm to the other - how does this back-and-forth take place in the design of a successful technology-enabled discussion?&lt;br /&gt;
&lt;br /&gt;
Which inequalities are created or strengthened due the increasing reliance on technology and the differences in the ability to access the Internet(e.g. global and socio-economic differences)? Does the net actually re-distribute and decentralize power and influence, or does it also reinforce the existing political and economic hierarchies? In short - is the Internet really a good thing for everybody?&lt;br /&gt;
&lt;br /&gt;
*A solutions-focused question here might be: what tools might encourage a more egalitarian internet, both nationally and internationally? How can online applications be designed to encourage social equality? (Berkman Fellow [http://eszter.com Eszter Hargittai] has worked on some related questions, focusing on research about how people actually use the internet.) --[[User:G|G]] 12:12, 28 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== One Laptop Per Child ===&lt;br /&gt;
&lt;br /&gt;
Happy to help this group with info as I can. [[User:Mchua|Mchua]]&lt;br /&gt;
&lt;br /&gt;
=== Environmental Concerns ===&lt;br /&gt;
&lt;br /&gt;
To what extent is the hardware upon which the Internet exists damaging the environment?  Where does old tech go when it dies?  What distributive impact does the &amp;quot;recycling&amp;quot; of old tech have.  Was the Internet build with principles of physical sustainbility in mind?  Is it too late to change?  How do individual companies, like Google, view their own practices?  Does the cost of a server internalize the cost of disposal?  Why has it been cheaper to just keep throwing on new machines?  What of the electricity necessary to run these machines?  What does it say about society that we are so willing to pollute our own communities to create a second life?  Has technological innovation and advancement dislocated the true impact of non-zero cost transactions?  --[[User:Megerman|Megerman]] 19:36, 29 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== Prediction Markets ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Mwansley|Matthew]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:EST|Elisabeth]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Intrade, etc.&lt;br /&gt;
&lt;br /&gt;
[http://en.wikipedia.org/wiki/TradeSports Tradesports] announced last week that it will [http://www.tradesports.com/ cease operations] at the end of this month.  Does fallout from the current economic crisis include regulatory changes that spell doom for online prediction markets?  Or is something else going on here? --[[User:Gwen|Gwen]] 11:05, 26 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
Could prediction markets transform how we govern ourselves?  Robin Hanson proposes [http://hanson.gmu.edu/futarchy.pdf Futarchy].  The idea in brief:&lt;br /&gt;
&lt;br /&gt;
&amp;quot;Democracies often fail to aggregate information, while speculative markets excel at this task. We consider a new form of governance, wherein voters would say what we want, but speculators would say how to get it. Elected representatives would oversee the after-the-fact measurement of national welfare, while market speculators would say which policies they expect to raise national welfare. Those who recommend policies that regressions suggest will raise GDP should be willing to endorse similar market advice.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
* Michael Abramowitz (sp?), book on prediction markets&lt;br /&gt;
* Justin Wolfers&lt;br /&gt;
* Bo Cowgill, Hal Varian: Google prediction markets&lt;br /&gt;
&lt;br /&gt;
== Anonymity and privacy ==&lt;br /&gt;
&#039;&#039;[[User:Danray|Dan Ray]]&#039;&#039;, &#039;&#039;[[User:CKennedy| Conor]]&#039;&#039;, &#039;&#039;&#039;[[User:Jgruensp|Joshua]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Title ===&lt;br /&gt;
So, Uh, Privacy: What&#039;s That All About? [working title]&lt;br /&gt;
=== Precis ===&lt;br /&gt;
=== Guest wish list (if any) ===&lt;br /&gt;
*As an academic, you couldn&#039;t do better than Daniel Solove. If we do hone in on a very specific topic, though, we could go for someone with more specialized experience. [[User:Danray|Dan Ray]] 22:39, 7 December 2008 (UTC)&lt;br /&gt;
=== Readings (if any yet; OK to be preliminary) ===&lt;br /&gt;
=== Concrete question(s) of the week ===&lt;br /&gt;
=== Anything else material towards planning your topic ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Facebook + google people?&lt;br /&gt;
* another way to look at it is as a matter of cybercrime and such - new surveillence methods (also relevant in regards to child pornography, for example). i wander if these are too different topics or not. &#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039;&lt;br /&gt;
* I&#039;d like to see a segment on what &amp;quot;privacy&amp;quot; actually means in law and in culture. This would probably attach well to any other, more applied segment.  [[User:Danray|Dan Ray]] 16:38, 3 December 2008 (EST)&lt;br /&gt;
*Creating a series of Privacy Certification Marks&lt;br /&gt;
&lt;br /&gt;
== The Future of News ==&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039; &#039;&#039;Dharmishta Rood, Jon Fildes&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The traditional media industry is in turmoil. Circulation of newspapers is [http://www.nytimes.com/2008/10/28/business/media/28circ.html?_r=1 falling]. Staff are being laid off, costs are being cut and foreign bureaus are being shut. Audiences are fragmenting, advertising spending is plummeting and the valuations of companies is [http://www.nytimes.com/2008/11/21/business/media/21times.html?ref=business dropping]. TV and radio are experiencing similar problems. Some [http://www.nytimes.com/2008/11/30/opinion/30dowd.html?hp papers] are even outsourcing local news reporting to India!&lt;br /&gt;
&lt;br /&gt;
Most of these changes have been blamed on the arrival of the web, which has changed how information is produced and consumed. Now, anyone can be a news gatherer, publisher and distributor. The balance of power has changed.&lt;br /&gt;
&lt;br /&gt;
Yet at the same time, the web offers these organisations a huge opportunity. Already, groups such as [http://spot.us/ spot.us] and [http://www.propublica.org/ Pro Publica] are experimenting with new business models. Others, such as the Christian Science Monitor, [http://www.csmonitor.com/2008/1029/p25s01-usgn.html have ditched] the old way of doing things and have gone entirely online. Many are using the web to reach out to audiences and connect with them in new ways. &lt;br /&gt;
&lt;br /&gt;
But, are they doing enough? Will experiments like this be enough to save news organisations? Does it matter if they disappear? Should governments intervene to save them in the same way as they have decided to prop up the ailing car manufacturing industry? Is this an appropriate intervention? Should it be left to market forces? What values are at stake beyond what the markets appear to be able to sustain? Ultimately, what is the future for “old media”?&lt;br /&gt;
&lt;br /&gt;
Possible contributors:&lt;br /&gt;
&lt;br /&gt;
*[http://en.wikipedia.org/wiki/Dan_Gillmor Dan Gilmour]&lt;br /&gt;
*[http://en.wikipedia.org/wiki/Jeff_Jarvis Jeff Jarvis]&lt;br /&gt;
* someone from a major paper: NYT, LA Times, Washington Post etc?&lt;br /&gt;
* someone from the [http://civic.mit.edu/ MIT Center for Future Civic Media]? &lt;br /&gt;
&lt;br /&gt;
Possible readings:&lt;br /&gt;
* Columbia Journalism Review article: [http://www.cjr.org/feature/overload_1.php Overload!]- Journalism’s battle for relevance in an age of too much information&lt;br /&gt;
* The [http://www.ap.org/newmodel.pdf AP report (PDF)] mentioned in Overload! &lt;br /&gt;
&lt;br /&gt;
The Communication Initiative is an organization in this domain with a compelling problem that they&#039;d like advice on solving, and they&#039;re very enthusiastic and willing to work with the class. They&#039;re focused on the use and support of communication for economic and social development (http://www.comminit.com) with a large and varied network (over 70,000 total) of members all over the world. Their question: given the challenges the face (enumerated more in the details section), how do we guide and engage our network more through our interactive online processes instead of through email?&amp;quot; More information available at [[The Communication Initiative]] (they wrote up a problem statement for us!) - is this something people would be interested in taking on? I would be... [[User:Mchua|Mchua]] 21:21, 30 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== Internet/network Security ==&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Jgruensp|Jgruensp]]&#039;&#039;&#039; (fun topics, all: we could invite [http://www.csis.org/component/option,com_csis_progj/task,view/id,1117/ the CSIS commission] which has been grappling with all these issues and is desperate for legal guidance)&lt;br /&gt;
&lt;br /&gt;
=== Internet Dependency (What if someone somehow takes down the net?) ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
We have come to rely on the Internet for almost every aspect of our lives.  If the Internet somehow suddenly went &amp;quot;down&amp;quot; (through either a cyberattack or physical attack on key backbone pieces of infrastructure), the result would likely be calamity, as well as hordes of people who wouldn&#039;t know what to do with themselves.  Can we even imagine what the world would look like the morning after such an attack if it was successful?  Are we wrong to rely so heavily on a single tool whose detailed technical inner workings so few people truly understand?  Are we setting ourselves up to be ruined when someone compromises this tool?  What about the tradeoffs between keeping the Net free+open vs. regulation to ensure that it retains its functional integrity in the face of attack?  &lt;br /&gt;
&lt;br /&gt;
We can invite Dan Kaminsky, who recently discovered a flaw in the inner-workings of the Net that could have caused some serious damage.  See, e.g., http://www.nytimes.com/2008/08/09/technology/09flaw.html?hp&lt;br /&gt;
(or we could invite will smith, who defeated the aliens in independence day with the help of cyber-attack).&lt;br /&gt;
&lt;br /&gt;
* I vote Will Smith.  Unless everyone wants to get into the desirability of a DNS nonce of sufficient bitlength, in which case... no, still Will Smith.  That guy&#039;s an elliptic curve cryptography fiend.  However, if we do want to talk about design issues in the internet, and the failure of the marketplace to handle externalities created by poor software design, leading to the perpetual crisis of bugginess, we could do worse than to invite [http://cr.yp.to/djb.html Daniel Bernstein].  Plus, as an added bonus, he saw the issues that gave rise to the Kaminsky bug coming down the pike [http://cr.yp.to/djbdns.html a long] [http://cr.yp.to/djbdns/forgery.html time ago]. --[[User:Jgruensp|Jgruensp]]&lt;br /&gt;
&lt;br /&gt;
=== Internet as International Conflict Zone ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
In light of the [http://en.wikipedia.org/wiki/Cyberattacks_on_Estonia_2007 recent events in Estonia], have we finally reached the long-predicted era of cyberwarfare?  Is cyber-espionage a counterintelligence problem or something more?  ([http://www.nationaljournal.com/njmagazine/cs_20080531_6948.php This article from the National Journal] talks bluntly about perceived threats, although is perhaps a little too willing to attribute causation of certain events to Chinese actors on dubious evidence)&lt;br /&gt;
&lt;br /&gt;
=== Internet as an Extension of National Infrastructure ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
It is easy to define the borders of the nation in realspace (ports, airports, land crossings), and the tradeoffs between private propertyholders&#039; rights and national security interests (making those tradeoffs? Not always so easy).  But what are the national borders in cyberspace?  Given the dangers described in the two topics above, what kind of role, if any, should national government play in monitoring and regulating major backbone communications links?  What about the networks of semi-public industries such as utilities?  Private corporations that store government secrets?  Financial systems?  Other types of privately owned networks?&lt;br /&gt;
&lt;br /&gt;
--[[User:Jgruensp|Jgruensp]] 23:54, 30 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== Internet Governance &amp;amp; Regulation ==&lt;br /&gt;
&lt;br /&gt;
Presenters: &#039;&#039;&#039;[[User:Bepa|Vera]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User: AMehra|Arjun]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Much like open-source software, the Internet can be considered a collection of servers, pipes, and users spread all over the world. How does it keep working? One easy answer is that the United States (through actors public and private) just sort of gets its way. This isn&#039;t really a satisfying answer descriptively or normatively, though. With the rest of the world contributing more and more to the Internet as a whole, is it time for a change?&lt;br /&gt;
&lt;br /&gt;
Guests: Susan Crawford?&lt;br /&gt;
&lt;br /&gt;
Some questions:&lt;br /&gt;
:What are the options for internet governance? An ad-hoc system, or something more formalized? What should the regulations cover - everything or only the vital areas, such as cybercrime and technical standards? Should it be local or international in scope? --[[User:AMehra|AMehra]] 19:18, 7 December 2008 (UTC)&lt;br /&gt;
&lt;br /&gt;
=== International Regulation ===&lt;br /&gt;
*The UN&#039;s [http://www.itu.int/wsis/index.html World Summit On the Information Society] has come up with the [http://www.intgovforum.org/cms/index.php/aboutigf Internet Governance Forum] to help tackle some of these issues - is this a good idea?&lt;br /&gt;
&lt;br /&gt;
:Possible reading: [http://publius.cc/2008/12/02/internet-governance-under-the-un-part-1/ The Path Towards Centralization of Internet Governance Under the UN] - a series of three essays recently published on the Berkman Center&#039;s Publius Project. &lt;br /&gt;
&lt;br /&gt;
:Possible speakers: staff members of the IGF? --[[User:AMehra|AMehra]] 18:52, 6 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Local/national Regulation ===&lt;br /&gt;
*Efforts by the FCC - in conjunction with and separate from the UN efforts.&lt;br /&gt;
&lt;br /&gt;
:Possible speakers: Kevin Martin --[[User:AMehra|AMehra]] 19:18, 7 December 2008 (UTC)&lt;br /&gt;
&lt;br /&gt;
=== Rights of Minors ===&lt;br /&gt;
&lt;br /&gt;
Minors have long been recognized to not have free speech rights that are co-extensive with adults.  But with the Internet, how do we define those rights?  And what, if any, regulation should the government enact to protect minors on the Internet, while also respecting their rights?&lt;br /&gt;
&lt;br /&gt;
There are two traditional categories where minors&#039; free speech rights have been restricted.  The first is with respect to pornography, the second with respect to the school environment.  These two areas raise different concerns.&lt;br /&gt;
&lt;br /&gt;
== Internet + Environment + Venture Capital ==&lt;br /&gt;
* Peter Thiel, John Doerr, Google people&lt;br /&gt;
* Presenters: Andrew Klaber and DAL&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Syllabus&amp;diff=609</id>
		<title>Syllabus</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Syllabus&amp;diff=609"/>
		<updated>2008-12-07T22:57:45Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Old Laws/New Media */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;== The Future of Copyright and Entertainment ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039; &#039;&#039;[[User:Jfishman|Joe]], [[User:Miriam|Miriam]]&#039;&#039; (perhaps there is some possibility of collaboration with those working on the Tenenbaum suit?)&lt;br /&gt;
&lt;br /&gt;
* Alternative compensation and consumption models (Terry Fisher/Noank, Aimee Street, imeem, hulu, tip jars, the MPAA deal, girl talk; Gray Tuesday/downhill battle)&lt;br /&gt;
* RIAA case against individual file sharers as a strategic move&lt;br /&gt;
* Comparative/int’l angles&lt;br /&gt;
* fan fiction websites &lt;br /&gt;
* right of privacy/publicity on social network sites &lt;br /&gt;
&lt;br /&gt;
==== Changing trends in Consumption &amp;amp; Creation of Music and other Performance Art====&lt;br /&gt;
&lt;br /&gt;
We are beginning to see more and more choices for where and how to get copyrighted music.  Gone are the days when it was either download illegally on programs such as Limewire or pay for them on iTunes.  There have been attempts at creating new marketplaces from scratch such as at [http://amiestreet.com Aimee Street], which lowers the cost of discovering new music by setting price according to download popularity. Then there has been [http://grooveshark.com Grooveshark], which charges for downloads from its user-uploaded library but actually gives a cut to the original uploader.  And then we find the advertisement-driven revenue model creeping in, such as at [http://www.imeem.com Imeem], the third-most popular social networking site on the Internet as of August (behind only facebook and MySpace).&lt;br /&gt;
&lt;br /&gt;
It&#039;s clear that the days of CD browsing at Tower Records are behind us.  And while iTunes has been the one primarily filling the vacuum, the proliferation of web-based alternatives is making things interesting.  Are any of these models likely to succeed?  Are our methods of music consumption likely to have an impact on our methods of music production? And just where does the recording industry fit in to all of it?&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible Guests&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Radiohead (worth a shot, right?)&lt;br /&gt;
* Brian Burton, aka DJ Danger Mouse&lt;br /&gt;
* Girl Talk&lt;br /&gt;
* Jan Jannink (co-founder of imeem, formerly of Napster)&lt;br /&gt;
* James Boyle (Duke Law School &amp;amp; chair of Creative Commons)&lt;br /&gt;
* John Buckman (Magnatune Records)&lt;br /&gt;
* Downhill Battle&lt;br /&gt;
&lt;br /&gt;
==== The Proliferation of Images Online ====&lt;br /&gt;
tbd&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible Guests&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Rebecca Tushnet &lt;br /&gt;
&lt;br /&gt;
tbd&lt;br /&gt;
&lt;br /&gt;
== Old Laws/New Media ==&lt;br /&gt;
&lt;br /&gt;
Matt Sanchez, Debbie Rosenbaum, Shubham Mukherjee&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tentative &amp;quot;questions of the week&amp;quot; &#039;&#039;&#039;&lt;br /&gt;
* How has new media affected traditional communications and media industries and challenged traditional law?  &lt;br /&gt;
* How has traditional law challenged new media?&lt;br /&gt;
* Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  &lt;br /&gt;
* How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  &lt;br /&gt;
* What regulatory regime is emerging, if any, to govern new media?&lt;br /&gt;
* How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?  &lt;br /&gt;
* Do we apply old laws to new technologies, or do we create new regulations?  &lt;br /&gt;
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Tentative ideas for topics&#039;&#039;&#039;&lt;br /&gt;
* Copyright law (e.g., recording industry&#039;s litigation campaign against filesharing) (including the specific example of Sony BMG v. Tenenbaum, a federal file-sharing case the three of us are working on with Professor Charles Nesson, co-founder of the Berkman Center)&lt;br /&gt;
* Speech-related law (e.g., defamation and libel laws)&lt;br /&gt;
* Privacy laws&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible guests&#039;&#039;&#039;&lt;br /&gt;
* Google Telecom Lawyer Rick Whitt or &lt;br /&gt;
* Google Antitrust lawyer Dana Wagner&lt;br /&gt;
* Berkman Center&#039;s David Ardia, who runs the Citizen Media Law Project &lt;br /&gt;
* Cary Sherman of RIAA&lt;br /&gt;
* Professor Charles Nesson&lt;br /&gt;
* Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
* Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Possible readings&#039;&#039;&#039;&lt;br /&gt;
* Various court documents and media coverage from the Sony v. Tenenbaum case&lt;br /&gt;
* Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
* Reno v. ACLU, 521 U.S. 844 (1997) (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
* Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005) (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
* Digital Millennium Copyright Act (1998 law that extended U.S. copyright principles to digital materials).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039; Other considerations&#039;&#039;&#039;&lt;br /&gt;
* TBD&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Some potential readings:&lt;br /&gt;
&lt;br /&gt;
== The Internet and Publication ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:  [[User:Gwen|Gwen]], [[User:Lbaker|Lee]], [[User:Cooper|Jon]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The internet has completely changed the meaning of publication, and the relationship between print and digital media is continually evolving.  The advent of the personal computer and the internet have changed the way information is assembled, distributed, managed, and digested in ways at least as dramatic and consequential as the advent of the printing press.  How are traditional publishers coping with these changes?  What new forms of publishing are made possible by the internet, and what challenges do they entail? --[[User:Gwen|Gwen]] 16:34, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== The Publication Process ===&lt;br /&gt;
&lt;br /&gt;
==== Open Access Publishing ====&lt;br /&gt;
&lt;br /&gt;
Addressing whether there actually seems to be a movement toward this model, and away from traditional science/tech publishing.  What effects movement toward this model might have on quality, oversight, etc. of published articles.  Also, discussion of business models/funding, problems with open access models, etc.  And any copyright issues (to tie things back to law).&lt;br /&gt;
&lt;br /&gt;
This can relate both to open access of full articles (as with [http://www.plos.org/ PLoS]) or single experiments/results (including [http://sciencecommons.org/ Science Commons] and like projects to both make the data available, and, perhaps more importantly, the technologies to make it available in usable form)&lt;br /&gt;
&lt;br /&gt;
Would &amp;quot;open review&amp;quot; (instead of &amp;quot;peer review&amp;quot;) work? Are there any models around? What about a Slashdot-style system of moderation and meta-moderation?&lt;br /&gt;
&lt;br /&gt;
Yes, there is at least one example that I can think of.  Lawrence Lessig published the first edition of his book Code in 1999.  It came out in paper and ink.  Several years later, in order to &amp;quot;translate&amp;quot; (his word) the book into a second edition, Lessig persuaded the publisher (Basic Books) to allow him to post the entire text of the first edition of the book on a wiki hosted by Jotspot.  (The Wiki text was licensed under a Creative Commons  Attribution-ShareAlike 2.5 License.)  Lessig explains, &amp;quot;a team of &#039;chapter captains&#039; helped facilitate a conversation about the text.  There were some edits to the text itself, and many more valuable comments and criticisms.  I then took that text as of the end of 2005 and added my own edits to produce this book.&amp;quot; (Preface to &#039;&#039;Code version 2.0&#039;&#039;, x.)  &#039;&#039;Code version 2.0&#039;&#039; is the result of this collaborative editing process.  It is available for purchase in paper and ink, for free as a [http://pdf.codev2.cc/Lessig-Codev2.pdf PDF download], and also on a [http://www.socialtext.net/codev2/index.cgi wiki] hosted by Socialtext. --[[User:Gwen|Gwen]] 15:45, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== Collaborative and Customized Textbooks ====&lt;br /&gt;
&lt;br /&gt;
Maybe also Harvard&#039;s new open access policy for academic work?&lt;br /&gt;
(note that the Harvard Free Culture group is working on the matter - see [http://wiki.freeculture.org/Open_University_Campaign The Weeler Declaration])&lt;br /&gt;
&lt;br /&gt;
JZ described an innovative publication option with which Foundation Press seems willing to experiment:  essentially, individual chapters are available independently from one another, giving instructors the freedom to custom build a text book that contains exactly their desired materials (no more, and no less), in the desired sequence.  Assuming this model is technologically, legally, and financially feasible, what benefits and drawbacks does it entail?  Possible risks might include a lack of completeness and/or organization in the materials ultimately acquired by students as well as the possibility that pedagogical emphasis is dictated by sociologically driven group trends rather than deliberately thoughtful decision making.  --[[User:Gwen|Gwen]] 15:57, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== Self Publication ====&lt;br /&gt;
&lt;br /&gt;
One of the biggest and most obvious changes wrought by the advent of the internet and PCs the ability of individuals to self-publish; it is now cheap, quick, and easy to reach a mass audience with one&#039;s own text, images, and sounds.  The rise of blogging, Youtube, and other developments have further increased the ease of self-publication.  I know that several scholars have studied the rise and impact of self publication opportunities, but I&#039;m not sure what conclusions they&#039;ve drawn or which of them might be interesting to bring in as a guest.  Suggestions? --[[User:Gwen|Gwen]] 16:09, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== The Relationship Between Print and Digital Media ===&lt;br /&gt;
&lt;br /&gt;
==== Google Book Search ====&lt;br /&gt;
&lt;br /&gt;
What does the [http://www.authorsguild.org/advocacy/articles/settlement-resources.html recent settlement] between Google and the Authors Guild/American Association of Publishers regarding online accessibility of digitalized books mean?  Many have hailed it for both improving access to knowledge by creating [http://www.nytimes.com/2008/11/30/opinion/30gleick.html?em &amp;quot;the long dreamed of universal library&amp;quot;] and for avoiding a judicial resolution that might have exposed antiquated aspects of US copyright law.  But there may also be troubling aspects of having access to such a large and unique collection of content controlled by a single for-profit company (the agreement is non-exclusive to Google, but it may be  difficult for a legitimate competitor to emerge, given Google&#039;s sizable first mover advantage).  &lt;br /&gt;
&lt;br /&gt;
Is this settlement optimal for all interested groups?  Presumably it is for Google and the Authors Guild/AAP, but what about externalities for non-parties, such as the reading public?  Is some sort of government intervention appropriate to ensure access to this &amp;quot;universal library&amp;quot;?  What difference does it make, if any, that this &amp;quot;universal library&amp;quot; is operated by a private company reliant on many [http://www.google.com/googlebooks/partners.html public university libraries?]&lt;br /&gt;
&lt;br /&gt;
==== The Shifting Role of Publishing Companies ====&lt;br /&gt;
&lt;br /&gt;
As noted above under &amp;quot;Self Publication,&amp;quot; the internet makes it very easy for individuals to make their work widely available.  However, actually garnering a sizable audience or realizing a profit from one&#039;s work remains a greater challenge; it appears to be with respect to this step that the services of traditional publishers appear to retain some value.  After all, publishing companies offer marketing channels and name recognition in addition to simply machines that print a books.  Are traditional publishing companies threatened by the new forms of publishing that the internet makes possible?  Are publishers better off battling the internet (for example, by emphasizing the superiority and reliability of their traditional services) or embracing it (for example, by offering digital and internet-based publication services)? --[[User:Gwen|Gwen]] 16:16, 1 December 2008 (EST)  Should the latter services and items -- such as ebooks, audiobooks in mp3 format, and Amazon Kindle -- be replacements for or compliments to printed books?  --[[User:Gwen|Gwen]] 07:32, 2 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== The Fate of Printed Materials ====&lt;br /&gt;
&lt;br /&gt;
Will the internet cause the use of printed materials to decline to the point that printed materials become obsolete?  Obsolescence is reality in my own experience with The &#039;&#039;Harvard Journal of Law and Technology&#039;&#039; (&#039;&#039;JOLT&#039;&#039;). &#039;&#039;JOLT&#039;&#039; publishes its articles online on its [http://jolt.law.harvard.edu/ website], and it also publishes shorter and more timely posts online in its companion, the [http://jolt.law.harvard.edu/digest/ JOLT Digest].  In addition to being available directly to any internet user, all &#039;&#039;JOLT&#039;&#039; articles are made available through legal research databases, including Westlaw and Lexis.  Each semester, we order from our publisher (Hein) enormous boxes of the new issue in print, but we have no idea what to do with them.  Even after giving away copies to our parents, there are still stacks and stacks of unwanted and unneeded paper copies, and a lighthearted dialogue about what to do with them has steadily taken over the dry erase board in our office.  These printed copies of our journal are literally useless. --[[User:Gwen|Gwen]] 16:32, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
The way that readers encounter and digest information is vastly different in the context of printed materials and in the context of digital and online materials.  These differences have consequences for both academic researchers and regular citizens in terms of both the kind of information an individual is exposed to and the way that the individual approaches those sources.  If a dramatic shift away from printed media is happening, what other shifts does that entail for the way that people learn, synthesize, and evaluate information? --[[User:Gwen|Gwen]] 16:45, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
We talked about an [http://www.theatlantic.com/doc/200807/google interesting article] relating to the topic of how digital media and the internet are affecting the way in which people read in JZ&#039;s 1L reading group.  The article relates more to how the presentation of written material on the &#039;net (short and skimmable, links galore, etc.) is affecting the way we process information and our ability to read &amp;quot;long&amp;quot; pieces (ie. more than a page or so) without becoming distracted.  It is a bit tangential to the specific discussion of the movement of print media onto digital form (since it mostly discusses the &#039;&#039;differences&#039;&#039; between the format of media in each of the forms), but is interesting regardless. [[User:Lbaker|Lbaker]] 08:55, 2 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== Distribution Channels ====&lt;br /&gt;
&lt;br /&gt;
How is the internet changing the way printed materials are distributed?  [http://www.amazon.com Amazon.com] appears to be taking over the role of brick-and-mortar bookstores by offering a cheaper and more convenient way to purchase new printed books; their &amp;quot;look inside&amp;quot; feature makes the online shopping experience even more similar to being in a live bookstore.  Similarly, [http://www.abebooks.com Abebooks.com] and similar websites have made it possible for individuals to locate and purchase used, out-of-print, and rare books from one another without requiring the research services of specialized booksellers.  Even if hard copy printed materials remain in demand, might bookstores become obsolete? --[[User:Gwen|Gwen]] 19:41, 4 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Possible Guests ===&lt;br /&gt;
* Google book digitization people and/or members of the authors guild&lt;br /&gt;
* Amazon Kindle people&lt;br /&gt;
* People from publishing companies doing offering innovative services, products, or editing processes involving the internet. (Does anybody know of such companies?)&lt;br /&gt;
* Someone who has studied self publication on the internet (names?)&lt;br /&gt;
* Someone who has studied reading habits in conjunction with the shift away from printed media (names?)&lt;br /&gt;
* Lessig? (he is probably more useful for a different topic)&lt;br /&gt;
&lt;br /&gt;
== Free and Open Source Software ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:  [[dulles]]&#039;&#039;&#039;,&#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
* How can a dispersed, multilingual collection of coders working for free assemble something as complicated as a web browser, let alone an entire operating system? Open-source projects are famously free-wheeling, but different organizational models and tools have sprung up to solve these obstacles.&lt;br /&gt;
&lt;br /&gt;
What are the forces that drive hackers to contribute to open source projects? What, if anything, can we learn from applying theories of [http://en.wikipedia.org/wiki/Gift_economy gift economies] to open source projects? Should we read Lewis Hyde&#039;s [http://southerncrossreview.org/4/schwartz.html The Gift]? (n.b. i may be motivated by my own desire to read the book -- [[dulles]])&lt;br /&gt;
&lt;br /&gt;
* Eric Raymond/OSI ?&lt;br /&gt;
* PJ/Groklaw&lt;br /&gt;
* Strategies and indemnities (e.g. SCO v. IBM)&lt;br /&gt;
* Questioning the foundations of the free software movement (i.e. the &amp;quot;four freedoms&amp;quot;)[http://en.wikipedia.org/wiki/Free_software#cite_ref-bull6_3-0] -- how much does access to the source code really matter anymore?  Are there alternative theories (e.g. &amp;quot;generativity&amp;quot;) that better capture the values at stake? Affero License? (Eben Moglen?)&lt;br /&gt;
* The organization/groups/cooperation questions: how do free software projects organize and govern themselves, and what broader lessons might be learned from it?  (e.g. debian, IETF)&lt;br /&gt;
&lt;br /&gt;
(This marks my initial claim to the topic, though I would be overjoyed to work with others - [[dulles]])&lt;br /&gt;
&lt;br /&gt;
== Philanthropy/Causes/Cooperation via the Internet ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Hoellra|Rainer]]&#039;&#039;&#039; + [[User:Elanaberkowitz|&#039;&#039;&#039;Elana&#039;&#039;&#039;]] + &#039;&#039;&#039;[[User:Mchua|Mchua]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Title ===&lt;br /&gt;
&lt;br /&gt;
Suggestions:&lt;br /&gt;
&lt;br /&gt;
* All Together Now For Great Justice Dot Org&lt;br /&gt;
&lt;br /&gt;
=== Precis ===&lt;br /&gt;
&lt;br /&gt;
Examples:&lt;br /&gt;
* Pledgebank&lt;br /&gt;
* Facebook Causes&lt;br /&gt;
&lt;br /&gt;
::Yeah, we probably should work on this part more. [[User:Mchua|Mchua]] 06:07, 5 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
* www.zoosa.org&lt;br /&gt;
&lt;br /&gt;
=== Guest wish list ===&lt;br /&gt;
* Prof. Yochai Benkler&lt;br /&gt;
* Tom Steinberg&lt;br /&gt;
&lt;br /&gt;
=== Readings ===&lt;br /&gt;
&lt;br /&gt;
Needed. [[User:Mchua|Mchua]] 06:07, 5 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Concrete question(s) of the week ===&lt;br /&gt;
&lt;br /&gt;
* When does it work, when does it not? and why?&lt;br /&gt;
:: Ok, maybe we need to make these more concrete... [[User:Mchua|Mchua]] 06:07, 5 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Anything else material towards planning your topic ===&lt;br /&gt;
&lt;br /&gt;
Of course there are a lot of custom-built tools for mobilizing people online to get things done in the real world. On the other hand, what about more general tools? We&#039;ve all been invited, via Facebook, to join groups and attend events (the Obama campaign certainly made good use of this); is there a generalizable model here?&lt;br /&gt;
&lt;br /&gt;
Facebook groups dedicated to particular causes remind me of the online petitions that began circulating widely via email about ten years ago:  their effectiveness in accomplishing real world change--and even their visibility to individuals capable of affecting the desired changes--are dubious.  Is the real purpose of these movements simply to make participants &#039;&#039;feel&#039;&#039; like they are being active and involved?  What percentage of those who signed email petitions in the 1990s were aware that their signatures were unverifiable and that the widely-distributed emails were unlikely to be collated and submitted to an official authority?  What expectations do participants in facebook group causes have for their involvement and its consequences?  The facebook group causes are certainly more centralized and visible than the old email petitions, and they provide a better tool for identifying and communicating with supporters in order to mobilize them in an organized fashion.  How often is such mobilization attempted, and with what degree of success?  As a tool of online activism, is facebook a step forward from chain emails, is it a step in a different direction, or does it just serve the same old functions but in newer packaging?  --[[User:Gwen|Gwen]] 08:26, 29 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
Maybe we can invite some of the leaders of the various social networking sites or Jascha Franklin-Hodge, who was an architect of the Obama campaign&#039;s use of social technology.&lt;br /&gt;
&lt;br /&gt;
Might also be worth considering SMS applications that interface with the internet in this context especially since cell phones will presumably be the nexus of tech activism in the developing world. See FrontlineSMS or Ushahidi, a web crisis mapping project that let any user with a cell phone text in reports of violence in post-election Kenya as a way to geographically report real-time citizen reporting. (ELANA)&lt;br /&gt;
&lt;br /&gt;
=== Discussion about splitting? ===&lt;br /&gt;
&lt;br /&gt;
(Context: This is a large topic and a large group, Rainer proposed that we split into two pairs.) I would propose splitting into two coordinated groups - one on the Obama campaign, one on SMS (or some other focus); the idea would be to ask if we can schedule these two sessions back-to-back, and make sure that the two teams can build on and complement each others&#039; work. If this works out, I&#039;d have a slight preference for an Obama-as-a-casetudy-for-causes-via-the-internet group, since I&#039;m already looking into that as an example for part of my community-building work for OLPC and Sugar Labs. [[User:Mchua|Mchua]] 01:47, 6 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== The Internet and Societal Inequity ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Megerman|Mark]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:G|Graham]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Socio-technical Gap ===&lt;br /&gt;
&lt;br /&gt;
Problems encountered in the act of discoursing itself are sometimes addressed via social means, technological means, or both. It has been suggested that technological tools should support social processes, but there is an adaptation of each realm to the other - how does this back-and-forth take place in the design of a successful technology-enabled discussion?&lt;br /&gt;
&lt;br /&gt;
Which inequalities are created or strengthened due the increasing reliance on technology and the differences in the ability to access the Internet(e.g. global and socio-economic differences)? Does the net actually re-distribute and decentralize power and influence, or does it also reinforce the existing political and economic hierarchies? In short - is the Internet really a good thing for everybody?&lt;br /&gt;
&lt;br /&gt;
*A solutions-focused question here might be: what tools might encourage a more egalitarian internet, both nationally and internationally? How can online applications be designed to encourage social equality? (Berkman Fellow [http://eszter.com Eszter Hargittai] has worked on some related questions, focusing on research about how people actually use the internet.) --[[User:G|G]] 12:12, 28 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== One Laptop Per Child ===&lt;br /&gt;
&lt;br /&gt;
Happy to help this group with info as I can. [[User:Mchua|Mchua]]&lt;br /&gt;
&lt;br /&gt;
=== Environmental Concerns ===&lt;br /&gt;
&lt;br /&gt;
To what extent is the hardware upon which the Internet exists damaging the environment?  Where does old tech go when it dies?  What distributive impact does the &amp;quot;recycling&amp;quot; of old tech have.  Was the Internet build with principles of physical sustainbility in mind?  Is it too late to change?  How do individual companies, like Google, view their own practices?  Does the cost of a server internalize the cost of disposal?  Why has it been cheaper to just keep throwing on new machines?  What of the electricity necessary to run these machines?  What does it say about society that we are so willing to pollute our own communities to create a second life?  Has technological innovation and advancement dislocated the true impact of non-zero cost transactions?  --[[User:Megerman|Megerman]] 19:36, 29 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== Prediction Markets ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Mwansley|Matthew]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:EST|Elisabeth]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Intrade, etc.&lt;br /&gt;
&lt;br /&gt;
[http://en.wikipedia.org/wiki/TradeSports Tradesports] announced last week that it will [http://www.tradesports.com/ cease operations] at the end of this month.  Does fallout from the current economic crisis include regulatory changes that spell doom for online prediction markets?  Or is something else going on here? --[[User:Gwen|Gwen]] 11:05, 26 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
Could prediction markets transform how we govern ourselves?  Robin Hanson proposes [http://hanson.gmu.edu/futarchy.pdf Futarchy].  The idea in brief:&lt;br /&gt;
&lt;br /&gt;
&amp;quot;Democracies often fail to aggregate information, while speculative markets excel at this task. We consider a new form of governance, wherein voters would say what we want, but speculators would say how to get it. Elected representatives would oversee the after-the-fact measurement of national welfare, while market speculators would say which policies they expect to raise national welfare. Those who recommend policies that regressions suggest will raise GDP should be willing to endorse similar market advice.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
* Michael Abramowitz (sp?), book on prediction markets&lt;br /&gt;
* Justin Wolfers&lt;br /&gt;
* Bo Cowgill, Hal Varian: Google prediction markets&lt;br /&gt;
&lt;br /&gt;
== Anonymity and privacy ==&lt;br /&gt;
&#039;&#039;[[User:Danray|Dan Ray]]&#039;&#039;, &#039;&#039;[[User:CKennedy| Conor]]&#039;&#039;, &#039;&#039;&#039;[[User:Jgruensp|Joshua]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Title ===&lt;br /&gt;
So, Uh, Privacy: What&#039;s That All About? [working title]&lt;br /&gt;
=== Precis ===&lt;br /&gt;
=== Guest wish list (if any) ===&lt;br /&gt;
*As an academic, you couldn&#039;t do better than Daniel Solove. If we do hone in on a very specific topic, though, we could go for someone with more specialized experience. [[User:Danray|Dan Ray]] 22:39, 7 December 2008 (UTC)&lt;br /&gt;
=== Readings (if any yet; OK to be preliminary) ===&lt;br /&gt;
=== Concrete question(s) of the week ===&lt;br /&gt;
=== Anything else material towards planning your topic ===&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
* Facebook + google people?&lt;br /&gt;
* another way to look at it is as a matter of cybercrime and such - new surveillence methods (also relevant in regards to child pornography, for example). i wander if these are too different topics or not. &#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039;&lt;br /&gt;
* I&#039;d like to see a segment on what &amp;quot;privacy&amp;quot; actually means in law and in culture. This would probably attach well to any other, more applied segment.  [[User:Danray|Dan Ray]] 16:38, 3 December 2008 (EST)&lt;br /&gt;
*Creating a series of Privacy Certification Marks&lt;br /&gt;
&lt;br /&gt;
== The Future of News ==&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039; &#039;&#039;Dharmishta Rood, Jon Fildes&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The traditional media industry is in turmoil. Circulation of newspapers is [http://www.nytimes.com/2008/10/28/business/media/28circ.html?_r=1 falling]. Staff are being laid off, costs are being cut and foreign bureaus are being shut. Audiences are fragmenting, advertising spending is plummeting and the valuations of companies is [http://www.nytimes.com/2008/11/21/business/media/21times.html?ref=business dropping]. TV and radio are experiencing similar problems. Some [http://www.nytimes.com/2008/11/30/opinion/30dowd.html?hp papers] are even outsourcing local news reporting to India!&lt;br /&gt;
&lt;br /&gt;
Most of these changes have been blamed on the arrival of the web, which has changed how information is produced and consumed. Now, anyone can be a news gatherer, publisher and distributor. The balance of power has changed.&lt;br /&gt;
&lt;br /&gt;
Yet at the same time, the web offers these organisations a huge opportunity. Already, groups such as [http://spot.us/ spot.us] and [http://www.propublica.org/ Pro Publica] are experimenting with new business models. Others, such as the Christian Science Monitor, [http://www.csmonitor.com/2008/1029/p25s01-usgn.html have ditched] the old way of doing things and have gone entirely online. Many are using the web to reach out to audiences and connect with them in new ways. &lt;br /&gt;
&lt;br /&gt;
But, are they doing enough? Will experiments like this be enough to save news organisations? Does it matter if they disappear? Should governments intervene to save them in the same way as they have decided to prop up the ailing car manufacturing industry? Is this an appropriate intervention? Should it be left to market forces? What values are at stake beyond what the markets appear to be able to sustain? Ultimately, what is the future for “old media”?&lt;br /&gt;
&lt;br /&gt;
Possible contributors:&lt;br /&gt;
&lt;br /&gt;
*[http://en.wikipedia.org/wiki/Dan_Gillmor Dan Gilmour]&lt;br /&gt;
*[http://en.wikipedia.org/wiki/Jeff_Jarvis Jeff Jarvis]&lt;br /&gt;
* someone from a major paper: NYT, LA Times, Washington Post etc?&lt;br /&gt;
* someone from the [http://civic.mit.edu/ MIT Center for Future Civic Media]? &lt;br /&gt;
&lt;br /&gt;
Possible readings:&lt;br /&gt;
* Columbia Journalism Review article: [http://www.cjr.org/feature/overload_1.php Overload!]- Journalism’s battle for relevance in an age of too much information&lt;br /&gt;
* The [http://www.ap.org/newmodel.pdf AP report (PDF)] mentioned in Overload! &lt;br /&gt;
&lt;br /&gt;
The Communication Initiative is an organization in this domain with a compelling problem that they&#039;d like advice on solving, and they&#039;re very enthusiastic and willing to work with the class. They&#039;re focused on the use and support of communication for economic and social development (http://www.comminit.com) with a large and varied network (over 70,000 total) of members all over the world. Their question: given the challenges the face (enumerated more in the details section), how do we guide and engage our network more through our interactive online processes instead of through email?&amp;quot; More information available at [[The Communication Initiative]] (they wrote up a problem statement for us!) - is this something people would be interested in taking on? I would be... [[User:Mchua|Mchua]] 21:21, 30 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== Internet/network Security ==&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Jgruensp|Jgruensp]]&#039;&#039;&#039; (fun topics, all: we could invite [http://www.csis.org/component/option,com_csis_progj/task,view/id,1117/ the CSIS commission] which has been grappling with all these issues and is desperate for legal guidance)&lt;br /&gt;
&lt;br /&gt;
=== Internet Dependency (What if someone somehow takes down the net?) ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
We have come to rely on the Internet for almost every aspect of our lives.  If the Internet somehow suddenly went &amp;quot;down&amp;quot; (through either a cyberattack or physical attack on key backbone pieces of infrastructure), the result would likely be calamity, as well as hordes of people who wouldn&#039;t know what to do with themselves.  Can we even imagine what the world would look like the morning after such an attack if it was successful?  Are we wrong to rely so heavily on a single tool whose detailed technical inner workings so few people truly understand?  Are we setting ourselves up to be ruined when someone compromises this tool?  What about the tradeoffs between keeping the Net free+open vs. regulation to ensure that it retains its functional integrity in the face of attack?  &lt;br /&gt;
&lt;br /&gt;
We can invite Dan Kaminsky, who recently discovered a flaw in the inner-workings of the Net that could have caused some serious damage.  See, e.g., http://www.nytimes.com/2008/08/09/technology/09flaw.html?hp&lt;br /&gt;
(or we could invite will smith, who defeated the aliens in independence day with the help of cyber-attack).&lt;br /&gt;
&lt;br /&gt;
* I vote Will Smith.  Unless everyone wants to get into the desirability of a DNS nonce of sufficient bitlength, in which case... no, still Will Smith.  That guy&#039;s an elliptic curve cryptography fiend.  However, if we do want to talk about design issues in the internet, and the failure of the marketplace to handle externalities created by poor software design, leading to the perpetual crisis of bugginess, we could do worse than to invite [http://cr.yp.to/djb.html Daniel Bernstein].  Plus, as an added bonus, he saw the issues that gave rise to the Kaminsky bug coming down the pike [http://cr.yp.to/djbdns.html a long] [http://cr.yp.to/djbdns/forgery.html time ago]. --[[User:Jgruensp|Jgruensp]]&lt;br /&gt;
&lt;br /&gt;
=== Internet as International Conflict Zone ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
In light of the [http://en.wikipedia.org/wiki/Cyberattacks_on_Estonia_2007 recent events in Estonia], have we finally reached the long-predicted era of cyberwarfare?  Is cyber-espionage a counterintelligence problem or something more?  ([http://www.nationaljournal.com/njmagazine/cs_20080531_6948.php This article from the National Journal] talks bluntly about perceived threats, although is perhaps a little too willing to attribute causation of certain events to Chinese actors on dubious evidence)&lt;br /&gt;
&lt;br /&gt;
=== Internet as an Extension of National Infrastructure ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
It is easy to define the borders of the nation in realspace (ports, airports, land crossings), and the tradeoffs between private propertyholders&#039; rights and national security interests (making those tradeoffs? Not always so easy).  But what are the national borders in cyberspace?  Given the dangers described in the two topics above, what kind of role, if any, should national government play in monitoring and regulating major backbone communications links?  What about the networks of semi-public industries such as utilities?  Private corporations that store government secrets?  Financial systems?  Other types of privately owned networks?&lt;br /&gt;
&lt;br /&gt;
--[[User:Jgruensp|Jgruensp]] 23:54, 30 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== Internet Governance &amp;amp; Regulation ==&lt;br /&gt;
&lt;br /&gt;
Presenters: &#039;&#039;&#039;[[User:Bepa|Vera]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User: AMehra|Arjun]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Much like open-source software, the Internet can be considered a collection of servers, pipes, and users spread all over the world. How does it keep working? One easy answer is that the United States (through actors public and private) just sort of gets its way. This isn&#039;t really a satisfying answer descriptively or normatively, though. With the rest of the world contributing more and more to the Internet as a whole, is it time for a change?&lt;br /&gt;
&lt;br /&gt;
Guests: Susan Crawford?&lt;br /&gt;
&lt;br /&gt;
Some questions:&lt;br /&gt;
:What are the options for internet governance? An ad-hoc system, or something more formalized? What should the regulations cover - everything or only the vital areas, such as cybercrime and technical standards? Should it be local or international in scope? --[[User:AMehra|AMehra]] 19:18, 7 December 2008 (UTC)&lt;br /&gt;
&lt;br /&gt;
=== International Regulation ===&lt;br /&gt;
*The UN&#039;s [http://www.itu.int/wsis/index.html World Summit On the Information Society] has come up with the [http://www.intgovforum.org/cms/index.php/aboutigf Internet Governance Forum] to help tackle some of these issues - is this a good idea?&lt;br /&gt;
&lt;br /&gt;
:Possible reading: [http://publius.cc/2008/12/02/internet-governance-under-the-un-part-1/ The Path Towards Centralization of Internet Governance Under the UN] - a series of three essays recently published on the Berkman Center&#039;s Publius Project. &lt;br /&gt;
&lt;br /&gt;
:Possible speakers: staff members of the IGF? --[[User:AMehra|AMehra]] 18:52, 6 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Local/national Regulation ===&lt;br /&gt;
*Efforts by the FCC - in conjunction with and separate from the UN efforts.&lt;br /&gt;
&lt;br /&gt;
:Possible speakers: Kevin Martin --[[User:AMehra|AMehra]] 19:18, 7 December 2008 (UTC)&lt;br /&gt;
&lt;br /&gt;
=== Rights of Minors ===&lt;br /&gt;
&lt;br /&gt;
Minors have long been recognized to not have free speech rights that are co-extensive with adults.  But with the Internet, how do we define those rights?  And what, if any, regulation should the government enact to protect minors on the Internet, while also respecting their rights?&lt;br /&gt;
&lt;br /&gt;
There are two traditional categories where minors&#039; free speech rights have been restricted.  The first is with respect to pornography, the second with respect to the school environment.  These two areas raise different concerns.&lt;br /&gt;
&lt;br /&gt;
== Internet + Environment + Venture Capital ==&lt;br /&gt;
* Peter Thiel, John Doerr, Google people&lt;br /&gt;
* Presenters: Andrew Klaber and DAL&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
	</entry>
	<entry>
		<id>https://cyber.harvard.edu/iif/?title=Topics&amp;diff=607</id>
		<title>Topics</title>
		<link rel="alternate" type="text/html" href="https://cyber.harvard.edu/iif/?title=Topics&amp;diff=607"/>
		<updated>2008-12-07T22:48:11Z</updated>

		<summary type="html">&lt;p&gt;DebbieRosenbaum: /* Old Laws/New Media */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;= Topic Guidance =&lt;br /&gt;
&lt;br /&gt;
* Are you excited about it?&lt;br /&gt;
* Does it relate to law (not entirely necessary)&lt;br /&gt;
* Does it relate to tech (not entirely necessary)&lt;br /&gt;
** To be sure, these are rebuttable presumptions :)&lt;br /&gt;
&lt;br /&gt;
Q: Are there any circumstances in which we can do a team of three?&lt;br /&gt;
A: Yes!  If I&#039;m doing the math right, there are 12 seminar slots next term, of which we&#039;ll be using 11. There are 26 people.  So with 2 per session that leaves 4 floaters; there can be 4 of the 11 sessions with 3 instead of 2.  [[User:JZ|JZ]] 17:30, 27 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
* Wish list of dream people&lt;br /&gt;
** Michael Geist&lt;br /&gt;
** Eric Schmidt/Larry Page/Sergey Brin&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
= Officially Proposed Topics =&lt;br /&gt;
&lt;br /&gt;
== Topics put forward today (please merge as appropriate with ones below or vice versa) ==&lt;br /&gt;
&lt;br /&gt;
=== Strategic issues in free + open source software ===&lt;br /&gt;
* Eric Raymond, Siobhan O’Mahoney  ?&lt;br /&gt;
&lt;br /&gt;
=== Open university ===&lt;br /&gt;
* Nesson, Shieber, Wheeler Declaration People&lt;br /&gt;
&lt;br /&gt;
=== Lessig ===&lt;br /&gt;
* Remix&lt;br /&gt;
&lt;br /&gt;
=== The Future of Copyright and Entertainment ===&lt;br /&gt;
* Alternative compensation and consumption models (Terry Fisher/Noank, anystreet, imeem, hulu, tip jars, the MPAA deal, girl talk; Gray Tuesday/downhill battle)&lt;br /&gt;
* RIAA case against individual file sharers as a strategic move&lt;br /&gt;
* Comparative/int’l angles&lt;br /&gt;
&lt;br /&gt;
==== Changing trends in Consumption &amp;amp; Creation of Music and other Performance Art====&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039; &#039;&#039;Joe Fishman, Miriam Weiler&#039;&#039; (perhaps there is some possibility of collaboration with those working on the Tenenbaum suit?)&lt;br /&gt;
&lt;br /&gt;
===== Alternatives to iTunes for Access to Copyrighted Works =====&lt;br /&gt;
&lt;br /&gt;
We are beginning to see more and more choices for where and how to get copyrighted music.  Gone are the days when it was either download illegally on programs such as Limewire or pay for them on iTunes.  There have been attempts at creating new marketplaces from scratch such as at [http://amiestreet.com Aimee Street], which lowers the cost of discovering new music by setting price according to download popularity. Then there has been [http://grooveshark.com Grooveshark], which charges for downloads from its user-uploaded library but actually gives a cut to the original uploader.  And then we find the advertisement-driven revenue model creeping in, such as at [http://www.imeem.com Imeem], the third-most popular social networking site on the Internet as of August (behind only facebook and MySpace).&lt;br /&gt;
&lt;br /&gt;
It&#039;s clear that the days of CD browsing at Tower Records are behind us.  And while iTunes has been the one primarily filling the vacuum, the proliferation of web-based alternatives is making things interesting.  Are any of these models likely to succeed?  Are our methods of music consumption likely to have an impact on our methods of music production? And just where does the recording industry fit in to all of it?&lt;br /&gt;
&lt;br /&gt;
:Maybe John Buckman, from Magnatune?&lt;br /&gt;
&lt;br /&gt;
:Not sure how to integrate Fan Culture &amp;amp; Vidding into a broader discussion of changing consumption patterns of music?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==== Old Laws/New Media ====&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039; Shubham Mukherjee, Debbie Rosenbaum, and Matt Sanchez &lt;br /&gt;
&lt;br /&gt;
This topic concerns the tension that occurs when we attempt to apply old laws to new media and communications technologies (including the Internet). Central questions include:&lt;br /&gt;
&lt;br /&gt;
*Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new?  &lt;br /&gt;
*How have the courts, Congress, and other lawmaking bodies responded to new media technologies?  &lt;br /&gt;
*What regulatory regime is emerging, if any, to govern new media?&lt;br /&gt;
*How do we deal with the fact that there is little legal infrastructure that takes into account today&#039;s new media and technological environments?  &lt;br /&gt;
*Do we apply old laws to new technologies, or do we create new regulations?  &lt;br /&gt;
*How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today&#039;s technological realities?&lt;br /&gt;
&lt;br /&gt;
This topic will aim to explore these general questions through two specific examples.  The first is the case of Sony BMG v. Tenenbaum, a federal file-sharing case the three of us are working on with Professor Charles Nesson, co-founder of the Berkman Center.  Note that this topic will examine file-sharing not from the perspective of the social or creative desirability of the activity (as discussed in the preceding topic), but instead from the perspective of whether copyright law adequately accounts for changes in technology.  The second is the clash between Internet communications technologies and existing communications laws developed in the pre-Internet era (such as those involving defamation and anonymous speech).&lt;br /&gt;
&lt;br /&gt;
Some potential readings: &lt;br /&gt;
*various court documents and media coverage from the Sony v. Tenenbaum case&lt;br /&gt;
*materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)&lt;br /&gt;
*Reno v. ACLU, 521 U.S. 844 (1997) (Supreme Court decision striking down parts of Communications Decency Act and also the Court&#039;s leading statement on the constitutional status of the Internet)&lt;br /&gt;
*Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005) (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)&lt;br /&gt;
*Digital Millennium Copyright Act (1998 law that extended U.S. copyright principles to digital materials).&lt;br /&gt;
&lt;br /&gt;
Speaker Ideas: &lt;br /&gt;
*Google Telecom Lawyer Rick Whitt&lt;br /&gt;
*Google Antitrust lawyer Dana Wagner&lt;br /&gt;
*Professor Nesson&lt;br /&gt;
*Citizen Media Law Project Director David Ardia&lt;br /&gt;
*Public Citizen Litigation Group Attorney Paul Alan Levy&lt;br /&gt;
*Electronic Frontier Foundation Attorney Fred Von Lohmann&lt;br /&gt;
&lt;br /&gt;
==== Collaborative Composing ====&lt;br /&gt;
&lt;br /&gt;
:[http://www.kompoz.com Kompoz.com]&lt;br /&gt;
:[http://www.musicollaborate.com Musicollaborate.com]&lt;br /&gt;
:[http://www.indabamusic.com Indabamusic]&lt;br /&gt;
:[http://www.ejamming.com eJamming]&lt;br /&gt;
&lt;br /&gt;
Should we expect a rise in collaborative composition on par with the rise of collaborative software?  Do musical works composed by complete strangers threaten the &amp;quot;authenticity&amp;quot; of authorship that has so often been defined by artistic unity in the past?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Anonymity and privacy ===&lt;br /&gt;
&#039;&#039;[[User:Danray|Dan Ray]]&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
* Facebook + google people?&lt;br /&gt;
* another way to look at it is as a matter of cybercrime and such - new surveillence methods (also relevant in regards to child pornography, for example). i wander if these are too different topics or not. &#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039;&lt;br /&gt;
* I&#039;d like to see a segment on what &amp;quot;privacy&amp;quot; actually means in law and in culture. This would probably attach well to any other, more applied segment.  [[User:Danray|Dan Ray]] 16:38, 3 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== The Future of News ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039; &#039;&#039;Dharmishta Rood, Jon Fildes&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The traditional media industry is in turmoil. Circulation of newspapers is [http://www.nytimes.com/2008/10/28/business/media/28circ.html?_r=1 falling]. Staff are being laid off, costs are being cut and foreign bureaus are being shut. Audiences are fragmenting, advertising spending is plummeting and the valuations of companies is [http://www.nytimes.com/2008/11/21/business/media/21times.html?ref=business dropping]. TV and radio are experiencing similar problems. Some [http://www.nytimes.com/2008/11/30/opinion/30dowd.html?hp papers] are even outsourcing local news reporting to India!&lt;br /&gt;
&lt;br /&gt;
Most of these changes have been blamed on the arrival of the web, which has changed how information is produced and consumed. Now, anyone can be a news gatherer, publisher and distributor. The balance of power has changed.&lt;br /&gt;
&lt;br /&gt;
Yet at the same time, the web offers these organisations a huge opportunity. Already, groups such as [http://spot.us/ spot.us] and [http://www.propublica.org/ Pro Publica] are experimenting with new business models. Others, such as the Christian Science Monitor, [http://www.csmonitor.com/2008/1029/p25s01-usgn.html have ditched] the old way of doing things and have gone entirely online. Many are using the web to reach out to audiences and connect with them in new ways. &lt;br /&gt;
&lt;br /&gt;
But, are they doing enough? Will experiments like this be enough to save news organisations? Does it matter if they disappear? Should governments intervene to save them in the same way as they have decided to prop up the ailing car manufacturing industry? Is this an appropriate intervention? Should it be left to market forces? What values are at stake beyond what the markets appear to be able to sustain? Ultimately, what is the future for “old media”?&lt;br /&gt;
&lt;br /&gt;
Possible contributors:&lt;br /&gt;
&lt;br /&gt;
*[http://en.wikipedia.org/wiki/Dan_Gillmor Dan Gilmour]&lt;br /&gt;
*[http://en.wikipedia.org/wiki/Jeff_Jarvis Jeff Jarvis]&lt;br /&gt;
* someone from the NYT?&lt;br /&gt;
* someone from the [http://civic.mit.edu/ MIT Center for Future Civic Media]? &lt;br /&gt;
&lt;br /&gt;
The Communication Initiative is an organization in this domain with a compelling problem that they&#039;d like advice on solving, and they&#039;re very enthusiastic and willing to work with the class. They&#039;re focused on the use and support of communication for economic and social development (http://www.comminit.com) with a large and varied network (over 70,000 total) of members all over the world. Their question: given the challenges the face (enumerated more in the details section), how do we guide and engage our network more through our interactive online processes instead of through email?&amp;quot; More information available at [[The Communication Initiative]] (they wrote up a problem statement for us!) - is this something people would be interested in taking on? I would be... [[User:Mchua|Mchua]] 21:21, 30 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== Internet + Environment + Venture Capital ==&lt;br /&gt;
* Peter Thiel, John Doerr, Google people&lt;br /&gt;
* Presenters: Andrew Klaber and DAL&lt;br /&gt;
&lt;br /&gt;
== The Internet and Publication ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:  [[User:Gwen|Gwen]], [[User:Lbaker|Lee]], [[User:Cooper|Jon]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
The internet has completely changed the meaning of publication, and the relationship between print and digital media is continually evolving.  The advent of the personal computer and the internet have changed the way information is assembled, distributed, managed, and digested in ways at least as dramatic and consequential as the advent of the printing press.  How are traditional publishers coping with these changes?  What new forms of publishing are made possible by the internet, and what challenges do they entail? --[[User:Gwen|Gwen]] 16:34, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== The Publication Process ===&lt;br /&gt;
&lt;br /&gt;
==== Open Access Publishing ====&lt;br /&gt;
&lt;br /&gt;
Addressing whether there actually seems to be a movement toward this model, and away from traditional science/tech publishing.  What effects movement toward this model might have on quality, oversight, etc. of published articles.  Also, discussion of business models/funding, problems with open access models, etc.  And any copyright issues (to tie things back to law).&lt;br /&gt;
&lt;br /&gt;
This can relate both to open access of full articles (as with [http://www.plos.org/ PLoS]) or single experiments/results (including [http://sciencecommons.org/ Science Commons] and like projects to both make the data available, and, perhaps more importantly, the technologies to make it available in usable form)&lt;br /&gt;
&lt;br /&gt;
Would &amp;quot;open review&amp;quot; (instead of &amp;quot;peer review&amp;quot;) work? Are there any models around? What about a Slashdot-style system of moderation and meta-moderation?&lt;br /&gt;
&lt;br /&gt;
Yes, there is at least one example that I can think of.  Lawrence Lessig published the first edition of his book Code in 1999.  It came out in paper and ink.  Several years later, in order to &amp;quot;translate&amp;quot; (his word) the book into a second edition, Lessig persuaded the publisher (Basic Books) to allow him to post the entire text of the first edition of the book on a wiki hosted by Jotspot.  (The Wiki text was licensed under a Creative Commons  Attribution-ShareAlike 2.5 License.)  Lessig explains, &amp;quot;a team of &#039;chapter captains&#039; helped facilitate a conversation about the text.  There were some edits to the text itself, and many more valuable comments and criticisms.  I then took that text as of the end of 2005 and added my own edits to produce this book.&amp;quot; (Preface to &#039;&#039;Code version 2.0&#039;&#039;, x.)  &#039;&#039;Code version 2.0&#039;&#039; is the result of this collaborative editing process.  It is available for purchase in paper and ink, for free as a [http://pdf.codev2.cc/Lessig-Codev2.pdf PDF download], and also on a [http://www.socialtext.net/codev2/index.cgi wiki] hosted by Socialtext. --[[User:Gwen|Gwen]] 15:45, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== Collaborative and Customized Textbooks ====&lt;br /&gt;
&lt;br /&gt;
Maybe also Harvard&#039;s new open access policy for academic work?&lt;br /&gt;
(note that the Harvard Free Culture group is working on the matter - see [http://wiki.freeculture.org/Open_University_Campaign The Weeler Declaration])&lt;br /&gt;
&lt;br /&gt;
JZ described an innovative publication option with which Foundation Press seems willing to experiment:  essentially, individual chapters are available independently from one another, giving instructors the freedom to custom build a text book that contains exactly their desired materials (no more, and no less), in the desired sequence.  Assuming this model is technologically, legally, and financially feasible, what benefits and drawbacks does it entail?  Possible risks might include a lack of completeness and/or organization in the materials ultimately acquired by students as well as the possibility that pedagogical emphasis is dictated by sociologically driven group trends rather than deliberately thoughtful decision making.  --[[User:Gwen|Gwen]] 15:57, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== Self Publication ====&lt;br /&gt;
&lt;br /&gt;
One of the biggest and most obvious changes wrought by the advent of the internet and PCs the ability of individuals to self-publish; it is now cheap, quick, and easy to reach a mass audience with one&#039;s own text, images, and sounds.  The rise of blogging, Youtube, and other developments have further increased the ease of self-publication.  I know that several scholars have studied the rise and impact of self publication opportunities, but I&#039;m not sure what conclusions they&#039;ve drawn or which of them might be interesting to bring in as a guest.  Suggestions? --[[User:Gwen|Gwen]] 16:09, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== The Relationship Between Print and Digital Media ===&lt;br /&gt;
&lt;br /&gt;
==== Google Book Search ====&lt;br /&gt;
&lt;br /&gt;
What does the [http://www.authorsguild.org/advocacy/articles/settlement-resources.html recent settlement] between Google and the Authors Guild/American Association of Publishers regarding online accessibility of digitalized books mean?  Many have hailed it for both improving access to knowledge by creating [http://www.nytimes.com/2008/11/30/opinion/30gleick.html?em &amp;quot;the long dreamed of universal library&amp;quot;] and for avoiding a judicial resolution that might have exposed antiquated aspects of US copyright law.  But there may also be troubling aspects of having access to such a large and unique collection of content controlled by a single for-profit company (the agreement is non-exclusive to Google, but it may be  difficult for a legitimate competitor to emerge, given Google&#039;s sizable first mover advantage).  &lt;br /&gt;
&lt;br /&gt;
Is this settlement optimal for all interested groups?  Presumably it is for Google and the Authors Guild/AAP, but what about externalities for non-parties, such as the reading public?  Is some sort of government intervention appropriate to ensure access to this &amp;quot;universal library&amp;quot;?  What difference does it make, if any, that this &amp;quot;universal library&amp;quot; is operated by a private company reliant on many [http://www.google.com/googlebooks/partners.html public university libraries?]&lt;br /&gt;
&lt;br /&gt;
==== The Shifting Role of Publishing Companies ====&lt;br /&gt;
&lt;br /&gt;
As noted above under &amp;quot;Self Publication,&amp;quot; the internet makes it very easy for individuals to make their work widely available.  However, actually garnering a sizable audience or realizing a profit from one&#039;s work remains a greater challenge; it appears to be with respect to this step that the services of traditional publishers appear to retain some value.  After all, publishing companies offer marketing channels and name recognition in addition to simply machines that print a books.  Are traditional publishing companies threatened by the new forms of publishing that the internet makes possible?  Are publishers better off battling the internet (for example, by emphasizing the superiority and reliability of their traditional services) or embracing it (for example, by offering digital and internet-based publication services)? --[[User:Gwen|Gwen]] 16:16, 1 December 2008 (EST)  Should the latter services and items -- such as ebooks, audiobooks in mp3 format, and Amazon Kindle -- be replacements for or compliments to printed books?  --[[User:Gwen|Gwen]] 07:32, 2 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== The Fate of Printed Materials ====&lt;br /&gt;
&lt;br /&gt;
Will the internet cause the use of printed materials to decline to the point that printed materials become obsolete?  Obsolescence is reality in my own experience with The &#039;&#039;Harvard Journal of Law and Technology&#039;&#039; (&#039;&#039;JOLT&#039;&#039;). &#039;&#039;JOLT&#039;&#039; publishes its articles online on its [http://jolt.law.harvard.edu/ website], and it also publishes shorter and more timely posts online in its companion, the [http://jolt.law.harvard.edu/digest/ JOLT Digest].  In addition to being available directly to any internet user, all &#039;&#039;JOLT&#039;&#039; articles are made available through legal research databases, including Westlaw and Lexis.  Each semester, we order from our publisher (Hein) enormous boxes of the new issue in print, but we have no idea what to do with them.  Even after giving away copies to our parents, there are still stacks and stacks of unwanted and unneeded paper copies, and a lighthearted dialogue about what to do with them has steadily taken over the dry erase board in our office.  These printed copies of our journal are literally useless. --[[User:Gwen|Gwen]] 16:32, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
The way that readers encounter and digest information is vastly different in the context of printed materials and in the context of digital and online materials.  These differences have consequences for both academic researchers and regular citizens in terms of both the kind of information an individual is exposed to and the way that the individual approaches those sources.  If a dramatic shift away from printed media is happening, what other shifts does that entail for the way that people learn, synthesize, and evaluate information? --[[User:Gwen|Gwen]] 16:45, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
We talked about an [http://www.theatlantic.com/doc/200807/google interesting article] relating to the topic of how digital media and the internet are affecting the way in which people read in JZ&#039;s 1L reading group.  The article relates more to how the presentation of written material on the &#039;net (short and skimmable, links galore, etc.) is affecting the way we process information and our ability to read &amp;quot;long&amp;quot; pieces (ie. more than a page or so) without becoming distracted.  It is a bit tangential to the specific discussion of the movement of print media onto digital form (since it mostly discusses the &#039;&#039;differences&#039;&#039; between the format of media in each of the forms), but is interesting regardless. [[User:Lbaker|Lbaker]] 08:55, 2 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
==== Distribution Channels ====&lt;br /&gt;
&lt;br /&gt;
How is the internet changing the way printed materials are distributed?  [Amazon.com] appears to be taking over the role of brick-and-mortar bookstores by offering a cheaper and more convenient way to purchase new printed books; their &amp;quot;look inside&amp;quot; feature makes the online shopping experience even more similar to being in a live bookstore.  Similarly, [Abebooks.com] and similar websites have made it possible for individuals to locate and purchase used, out-of-print, and rare books from one another without requiring the research services of specialized booksellers.  Even if hard copy printed materials remain in demand, might bookstores become obsolete? --[[User:Gwen|Gwen]] 19:41, 4 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Possible Guests ===&lt;br /&gt;
* Google book digitization people and/or members of the authors guild&lt;br /&gt;
* Amazon Kindle people&lt;br /&gt;
* People from publishing companies doing offering innovative services, products, or editing processes involving the internet. (Does anybody know of such companies?)&lt;br /&gt;
* Someone who has studied self publication on the internet (names?)&lt;br /&gt;
* Someone who has studied reading habits in conjunction with the shift away from printed media (names?)&lt;br /&gt;
* Lessig? (he is probably more useful for a different topic)&lt;br /&gt;
&lt;br /&gt;
== Free and Open Source Software ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:  [[dulles]]&#039;&#039;&#039;,&#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039; (Maybe)&lt;br /&gt;
&lt;br /&gt;
How can a dispersed, multilingual collection of coders working for free assemble something as complicated as a web browser, let alone an entire operating system? Open-source projects are famously free-wheeling, but different organizational models and tools have sprung up to solve these obstacles.&lt;br /&gt;
&lt;br /&gt;
What are the forces that drive hackers to contribute to open source projects? What, if anything, can we learn from applying theories of [http://en.wikipedia.org/wiki/Gift_economy gift economies] to open source projects? Should we read Lewis Hyde&#039;s [http://southerncrossreview.org/4/schwartz.html The Gift]? (n.b. i may be motivated by my own desire to read the book -- [[dulles]])&lt;br /&gt;
&lt;br /&gt;
* Eric Raymond/OSI ?&lt;br /&gt;
* PJ/Groklaw&lt;br /&gt;
* Strategies and indemnities (e.g. SCO v. IBM)&lt;br /&gt;
* Questioning the foundations of the free software movement (i.e. the &amp;quot;four freedoms&amp;quot;)[http://en.wikipedia.org/wiki/Free_software#cite_ref-bull6_3-0] -- how much does access to the source code really matter anymore?  Are there alternative theories (e.g. &amp;quot;generativity&amp;quot;) that better capture the values at stake? Affero License? (Eben Moglen?)&lt;br /&gt;
* The organization/groups/cooperation questions: how do free software projects organize and govern themselves, and what broader lessons might be learned from it?  (e.g. debian, IETF)&lt;br /&gt;
&lt;br /&gt;
(This marks my initial claim to the topic, though I would be overjoyed to work with others - [[dulles]])&lt;br /&gt;
&lt;br /&gt;
== Philanthropy/Causes/Cooperation via the Internet ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Hoellra|Rainer]], [[User:Mchua|Mel]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Title ===&lt;br /&gt;
&lt;br /&gt;
Suggestions:&lt;br /&gt;
&lt;br /&gt;
* All Together Now For Great Justice Dot Org&lt;br /&gt;
&lt;br /&gt;
=== Precis ===&lt;br /&gt;
&lt;br /&gt;
Examples:&lt;br /&gt;
* Pledgebank&lt;br /&gt;
* Facebook Causes&lt;br /&gt;
&lt;br /&gt;
::Yeah, we probably should work on this part more. [[User:Mchua|Mchua]] 06:07, 5 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Guest wish list ===&lt;br /&gt;
* Prof. Yochai Benkler&lt;br /&gt;
* Tom Steinberg&lt;br /&gt;
&lt;br /&gt;
=== Readings ===&lt;br /&gt;
&lt;br /&gt;
Needed. [[User:Mchua|Mchua]] 06:07, 5 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Concrete question(s) of the week ===&lt;br /&gt;
&lt;br /&gt;
* When does it work, when does it not? and why?&lt;br /&gt;
:: Ok, maybe we need to make these more concrete... [[User:Mchua|Mchua]] 06:07, 5 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Anything else material towards planning your topic ===&lt;br /&gt;
&lt;br /&gt;
Of course there are a lot of custom-built tools for mobilizing people online to get things done in the real world. On the other hand, what about more general tools? We&#039;ve all been invited, via Facebook, to join groups and attend events (the Obama campaign certainly made good use of this); is there a generalizable model here?&lt;br /&gt;
&lt;br /&gt;
Facebook groups dedicated to particular causes remind me of the online petitions that began circulating widely via email about ten years ago:  their effectiveness in accomplishing real world change--and even their visibility to individuals capable of affecting the desired changes--are dubious.  Is the real purpose of these movements simply to make participants &#039;&#039;feel&#039;&#039; like they are being active and involved?  What percentage of those who signed email petitions in the 1990s were aware that their signatures were unverifiable and that the widely-distributed emails were unlikely to be collated and submitted to an official authority?  What expectations do participants in facebook group causes have for their involvement and its consequences?  The facebook group causes are certainly more centralized and visible than the old email petitions, and they provide a better tool for identifying and communicating with supporters in order to mobilize them in an organized fashion.  How often is such mobilization attempted, and with what degree of success?  As a tool of online activism, is facebook a step forward from chain emails, is it a step in a different direction, or does it just serve the same old functions but in newer packaging?  --[[User:Gwen|Gwen]] 08:26, 29 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
Maybe we can invite some of the leaders of the various social networking sites or Jascha Franklin-Hodge, who was an architect of the Obama campaign&#039;s use of social technology.&lt;br /&gt;
&lt;br /&gt;
Might also be worth considering SMS applications that interface with the internet in this context especially since cell phones will presumably be the nexus of tech activism in the developing world. See FrontlineSMS or Ushahidi, a web crisis mapping project that let any user with a cell phone text in reports of violence in post-election Kenya as a way to geographically report real-time citizen reporting. (ELANA)&lt;br /&gt;
&lt;br /&gt;
== Meta-Pundit ==&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;Conor Kennedy&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;PREMISE&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
During the 2008 Presidential Campaign, web-only advertisements helped to shape the talking points of media personalities like [http://en.wikipedia.org/wiki/Chris_Matthews Chris Matthews] , [http://en.wikipedia.org/wiki/Keith_Olbermann Keith Olbermann], [http://www.foxnews.com/ontherecord/ Greta Van Susteren], and [http://en.wikipedia.org/wiki/Joe_Scarborough Joe Scarborough], and sometimes even individuals who try to operate &amp;quot;above the fray&amp;quot; of punditry like [http://en.wikipedia.org/wiki/Jon_Stewart Jon Stewart], [http://en.wikipedia.org/wiki/Jay_Leno Jay Leno], and [http://en.wikipedia.org/wiki/David_Letterman David Letterman] (See [http://www.boston.com/news/nation/articles/2008/02/09/web_only_campaign_advertisements_flood_presidential_race/ &amp;quot;Web-only campaign advertisements flood presidential race&amp;quot;] &amp;quot;In a study released last summer....the Pew Research Center for the People and the Press found most Americans heard about the most famous viral videos because they saw them replayed on TV&amp;quot;).&lt;br /&gt;
&lt;br /&gt;
Because a large and increasing number of Americans get their news from media personalities rather than from traditional broadcast or print media sources, these individuals have significant power to shape the national political discussion.  Still, beyond campaigns&#039; web-only ads, there hasn&#039;t &#039;&#039;yet&#039;&#039; been a concerted effort to use the Internet to directly influence these personalities and their television shows.  &lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;PROPOSAL&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
This void can be filled by a website that publishes a rating system and gauges/grades each of these media personalities (over multiple periods of time: daily [i.e., per episode], monthly, etc.) with a variety of qualitative metrics.  &lt;br /&gt;
&lt;br /&gt;
Ideally, such metrics would focus on process rather than substance (e.g., % of material that avoids explicit mention of either party&#039;s talking-points-of-the-day; % of in-show discussion that is active, fair dialogue with guests of opposing perspectives).  Some metrics would be determined by the site&#039;s designers while others would be generated and selected (i.e., voted on) by the site&#039;s users.  A team of qualitative analysts would code each media personality&#039;s episodes for (1) the site designers&#039; metrics and (2) any given metric a critical mass the website&#039;s users select, and publish the results daily.  &lt;br /&gt;
&lt;br /&gt;
This website would be most influential as a source for audience feedback beyond bare headcounts (i.e., network viewer ratings).  For some media personalities, that feedback will act as a friendly nudge that helps them improve their shows.  For others, the ultimate message might sound more like [http://www.youtube.com/watch?v=vmj6JADOZ-8 Jon Stewart on Crossfire].&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;QUESTIONS (each followed by potential answers)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
*(1) How should this kind of a site be funded, and by whom?  &lt;br /&gt;
**Non-partisan journalism NGOs through a project grant&lt;br /&gt;
**The Berkman Center (see &amp;quot;Donations&amp;quot; link in navigation pane in left frame)&lt;br /&gt;
*(2) What kind of knowledge workers would the daily operations require?  &lt;br /&gt;
**College research assistants as coders&lt;br /&gt;
*(3) What kind of goals should such a website pursue?  &lt;br /&gt;
**Active dialogue&lt;br /&gt;
**More informed discussion&lt;br /&gt;
**Sophistication of television personalities&lt;br /&gt;
**Honesty&lt;br /&gt;
**Bipartisanship&lt;br /&gt;
**Dedication to truth&lt;br /&gt;
**Fighting the political class&#039;s elitism&lt;br /&gt;
**Fighting prejudices/smears&lt;br /&gt;
**Deconstructing euphemistic language/political correctness&lt;br /&gt;
**Strengthening/Weakening political parties&#039; control of the national political dialogue&lt;br /&gt;
**Expansion of the national political dialogue to include new and unique perspectives&lt;br /&gt;
*(4) How else could a pundit-centric website serve to channel the widespread complaints of &amp;quot;Media Bias&amp;quot; into a polished online platform?&lt;br /&gt;
**Hall of Shame for self-proclaimed (one-time guest) &amp;quot;Analysts&amp;quot; and &amp;quot;Experts&amp;quot; who actually have no rightful claim to either title.&lt;br /&gt;
**Sponsor and/or Host Op-Eds, Blogs, Vlogs, [http://www.beliefnet.com/Faiths/Secular-Philosophies/Is-Religion-Built-Upon-Lies.aspx?p=1 &amp;quot;Blogologues&amp;quot;], and [http://bloggingheads.tv/ &amp;quot;Diavlogs&amp;quot;] by premier Media/Journalism academics.&lt;br /&gt;
**Work to immediately uncover the &#039;&#039;original&#039;&#039; sources of stories in order (1) to get a sense of who is already influencing media personalities (and their writers) and (2) to push back against rushed vetting of unsubstantiated stories (a la [http://www.nytimes.com/2008/11/13/arts/television/13hoax.html Martin Eisenstadt])&lt;br /&gt;
**Highlight stories/angles the traditional anchors are broadcasting that these hosts are ignoring/purposely passing on.&lt;br /&gt;
*(5) How much embedded footage of &#039;&#039;actual shows&#039;&#039; can such a website legally display under Fair Use?  &lt;br /&gt;
**A good place to start looking is [http://tpmtv.talkingpointsmemo.com/ Talking Points Memo&#039;s &amp;quot;The Day in 100 Seconds&amp;quot; Vidcast Series]&lt;br /&gt;
--[[User:CKennedy|CKennedy]] 01:42, 25 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
:There was a group at the University of Michigan looking at a similar issue a couple years ago... if you&#039;d like, I can try to look them up.  [[User:Danray|Dan Ray]] 13:10, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
== The Internet and Societal Inequity ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Megerman|Mark]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:G|Graham]] (possibly)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
=== Socio-technical Gap ===&lt;br /&gt;
&lt;br /&gt;
Problems encountered in the act of discoursing itself are sometimes addressed via social means, technological means, or both. It has been suggested that technological tools should support social processes, but there is an adaptation of each realm to the other - how does this back-and-forth take place in the design of a successful technology-enabled discussion?&lt;br /&gt;
&lt;br /&gt;
Which inequalities are created or strengthened due the increasing reliance on technology and the differences in the ability to access the Internet(e.g. global and socio-economic differences)? Does the net actually re-distribute and decentralize power and influence, or does it also reinforce the existing political and economic hierarchies? In short - is the Internet really a good thing for everybody?&lt;br /&gt;
&lt;br /&gt;
*A solutions-focused question here might be: what tools might encourage a more egalitarian internet, both nationally and internationally? How can online applications be designed to encourage social equality? (Berkman Fellow [http://eszter.com Eszter Hargittai] has worked on some related questions, focusing on research about how people actually use the internet.) --[[User:G|G]] 12:12, 28 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== One Laptop Per Child ===&lt;br /&gt;
&lt;br /&gt;
Happy to help this group with info as I can. [[User:Mchua|Mchua]]&lt;br /&gt;
&lt;br /&gt;
=== Environmental Concerns ===&lt;br /&gt;
&lt;br /&gt;
To what extent is the hardware upon which the Internet exists damaging the environment?  Where does old tech go when it dies?  What distributive impact does the &amp;quot;recycling&amp;quot; of old tech have.  Was the Internet build with principles of physical sustainbility in mind?  Is it too late to change?  How do individual companies, like Google, view their own practices?  Does the cost of a server internalize the cost of disposal?  Why has it been cheaper to just keep throwing on new machines?  What of the electricity necessary to run these machines?  What does it say about society that we are so willing to pollute our own communities to create a second life?  Has technological innovation and advancement dislocated the true impact of non-zero cost transactions?  --[[User:Megerman|Megerman]] 19:36, 29 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
== Prediction Markets ==&lt;br /&gt;
&#039;&#039;&#039;Presenters:&#039;&#039;&#039;  &#039;&#039;&#039;[[User:Mwansley|Matthew]]&#039;&#039;&#039;, &#039;&#039;&#039;[[User:EST|Elisabeth]]&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Intrade, etc.&lt;br /&gt;
&lt;br /&gt;
[http://en.wikipedia.org/wiki/TradeSports Tradesports] announced last week that it will [http://www.tradesports.com/ cease operations] at the end of this month.  Does fallout from the current economic crisis include regulatory changes that spell doom for online prediction markets?  Or is something else going on here? --[[User:Gwen|Gwen]] 11:05, 26 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
Could prediction markets transform how we govern ourselves?  Robin Hanson proposes [http://hanson.gmu.edu/futarchy.pdf Futarchy].  The idea in brief:&lt;br /&gt;
&lt;br /&gt;
&amp;quot;Democracies often fail to aggregate information, while speculative markets excel at this task. We consider a new form of governance, wherein voters would say what we want, but speculators would say how to get it. Elected representatives would oversee the after-the-fact measurement of national welfare, while market speculators would say which policies they expect to raise national welfare. Those who recommend policies that regressions suggest will raise GDP should be willing to endorse similar market advice.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
* Michael Abramowitz (sp?), book on prediction markets&lt;br /&gt;
* Justin Wolfers&lt;br /&gt;
* Bo Cowgill, Hal Varian: Google prediction markets&lt;br /&gt;
&lt;br /&gt;
= Unclaimed Topics, Categorized =&lt;br /&gt;
&#039;&#039;Now, with categories!  See [[Talk:Topics|Talk page]] for more.&#039;&#039;&lt;br /&gt;
--[[User:Jgruensp|Jgruensp]] 14:23, 29 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
This page is for topics that we have not yet scheduled (but potentially should). Please add suggestions to the bottom of this page, and feel free to modify the descriptions for topics already listed.&lt;br /&gt;
&lt;br /&gt;
== Philosophical Approaches to Internet Communications ==&lt;br /&gt;
&lt;br /&gt;
=== Discourse Theory ===&lt;br /&gt;
We should do a survey overview of the topic.&lt;br /&gt;
&lt;br /&gt;
[http://www.bible.org/page.php?page_id=1238 A Summary of Discourse Theory]&lt;br /&gt;
&lt;br /&gt;
Whom do we know as a great person -- a visitor? -- on discourse theory?&lt;br /&gt;
 * Habermas&lt;br /&gt;
 * Manuel Castells&lt;br /&gt;
&lt;br /&gt;
=== Marxism ===&lt;br /&gt;
should we be thinking about the connection between technology and society and question of an infrastructure and a superstructure?&lt;br /&gt;
&lt;br /&gt;
=== Libertarianism ===&lt;br /&gt;
[[http://en.wikipedia.org/wiki/Libertarianism|Libertarianism]]&lt;br /&gt;
&lt;br /&gt;
=== Network Theory ===&lt;br /&gt;
Another frame for thinking?&lt;br /&gt;
idea for speaker maybe [[http://www.stanford.edu/group/song/woody_index.html | Walter Powell]].&lt;br /&gt;
&lt;br /&gt;
== The Internet as a Social and Economic Tool Today ==&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Interactive Education ===&lt;br /&gt;
&lt;br /&gt;
Building on the work of MWesch (video here: http://m.youtube.com/watch?v=dGCJ46vyR9o) think about innovation in the classroom beyond the blackboard. How can we better interact in the classroom and how can technology help?&lt;br /&gt;
&lt;br /&gt;
* Case studies - what does and doesn&#039;t work, e.g. tools to train journalists in E. Africa that may have more amounted to dysfunctional imperialism&lt;br /&gt;
&lt;br /&gt;
=== Unconferences ===&lt;br /&gt;
&lt;br /&gt;
Unconferences represent a form of event-based discourse that seems chaotic but is actually organized around a set of well-codified rules intended to encourage initiative-taking by participants and ensure that the event is truly community-run and ad-hoc. Also known as &amp;quot;[http://www.openspaceworld.com/users_guide.htm Open Space]&amp;quot; events, they take several different forms, including [http://www.barcamp.org/ Barcamps] (which have been expanded to podcamps, etc.)&lt;br /&gt;
&lt;br /&gt;
* Tim O&#039;Reilly, foo camp&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Deliberative Polling Online ===&lt;br /&gt;
&lt;br /&gt;
In a nutshell, http://en.wikipedia.org/wiki/Deliberative_opinion_poll&lt;br /&gt;
&lt;br /&gt;
Here and in other topics, are we too sanguine about deliberative democracy?  If we opt for some of these topics, perhaps we should read Ch. 4-5 of [http://books.google.com/books?id=A543N977rS0C Law, Pragmatism, and Democracy].&lt;br /&gt;
&lt;br /&gt;
Use the internet to get not only participation but also reflection&lt;br /&gt;
&lt;br /&gt;
* Deliberative methods more generally&lt;br /&gt;
* Jim Fishkin&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Recording Harvard Law School Classes and Posting Them on iTunes U ===&lt;br /&gt;
&lt;br /&gt;
Law schools tend not to post free class recordings on iTunes U.  Should HLS take the opportunity to trailblaze?  What are the law-school-specific challenges and the legal issues surrounding publishing audio recordings of HLS classes?  What are the benefits?  What about recording classes just for the benefit of the students (posted, as on religious holidays, solely on enrolled students&#039; MyHLS pages)&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=== Path Dependence and Academia ===&lt;br /&gt;
&lt;br /&gt;
This course inadvertently raises a meta question (at least to me): is academia radically path dependent?  That is, do &amp;quot;obsolete&amp;quot; disciplines hang around because of tenure, risk-aversion, or more subtle social pressures?  And, for parallel reasons, does academia neglect more recently emergent topics?  For one perspective on what a different, future academy could be like, do visit Oxford&#039;s [http://www.fhi.ox.ac.uk/ Future of Humanity Institute] and see some of the work of its director, [http://www.nickbostrom.com/ Nick Bostrom].&lt;br /&gt;
&lt;br /&gt;
We might also want to have a look at Thomas Kuhn&#039;s &amp;quot;The Structure of Scientific Revolutions&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
: It seems to me (as a casual observer) that one of the problems is predicting what disciplines will generate future advances at what rate (and, necessarily, what constitutes an &amp;quot;advance&amp;quot;) in the first place.  [[User:Danray|Dan Ray]] 12:54, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Peer-to-Patent ===&lt;br /&gt;
&lt;br /&gt;
See http://www.peertopatent.org/&lt;br /&gt;
&lt;br /&gt;
=== Systran ===&lt;br /&gt;
&lt;br /&gt;
== Implications of Internet Tools of the Future ==&lt;br /&gt;
&lt;br /&gt;
=== The Semantic Web ===&lt;br /&gt;
&lt;br /&gt;
What has become of this idea? Are we already there? Is it yet to come? Or has it died along the way? [Rainer]&lt;br /&gt;
&lt;br /&gt;
One potential Semantic Web application is [http://www.freebase.com/ Freebase].  It is primitive right now, far less useful than (the simpler) Wikipedia or even Knol.  Perhaps there is someone in the field we could bring in with technical expertise?&lt;br /&gt;
&lt;br /&gt;
:Consider this my e-hum in favor of this topic...  [[User:Danray|Dan Ray]] 12:55, 1 December 2008 (EST)&lt;br /&gt;
:I ([[User:Mwansley|Matthew]]) am still interested in this one as well; does anyone (perhaps Prof. Zittrain) have any connections to Semantic Web researchers in business/academia?&lt;br /&gt;
&lt;br /&gt;
=== Language Divides/Autotranslation ===&lt;br /&gt;
&lt;br /&gt;
Though it doesn&#039;t penetrate to every physical location on Earth (unless you can afford sattelite link-ups), the internet is an exceptionally global medium. With the barriers to access lower than any earlier medium for high-volume international communication, it represents an opportunity for greater international discourse and the deepening of a sense of global society. But unless we can reassemble the Tower of Babel, significant and entrenched divides exist: people simply don&#039;t always understand each other&#039;s language.&lt;br /&gt;
&lt;br /&gt;
As certain languages become prevalent for international discourse, native users of that language have an advantage in communication. Auto-translation software such as Google Translate, Babelfish, and many others represent an opportunity to flatten this embeded advantage structure that favors people educated where linguae francae are native languages. Moreover, human translation communities such as [http://globalvoicesonline.org Global Voices Online] provide an edited and selected digest of what the editors notice in many languages. &lt;br /&gt;
&lt;br /&gt;
What are the potential bridges for language divides? Which work better and for what? What are the implications of mistranslations by machines? --[[User:G|G]] 12:25, 28 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Cloud computing ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
&lt;br /&gt;
Do we really want to store all of our personal documents on Microsoft or Google servers one day? [Rainer]&lt;br /&gt;
&lt;br /&gt;
:Very interested in this. I think Prof. Zittrain&#039;s theory of generativity is at the center of this, and Danny O&#039;Brien (the inventer of the term &amp;quot;life hack&amp;quot; and, I&#039;m certain, a &#039;&#039;great&#039;&#039; guest) gave an interesting talk on why we should avoid centralization (e.g., identi.ca rather than Twitter) last summer at Open Tech 2008.  [[User:Danray|Dan Ray]] 13:01, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== IPv6 ===&lt;br /&gt;
&lt;br /&gt;
Why are we so slow with the transition to IPv6? Is this a technical, financial or legal issue?&lt;br /&gt;
China is far ahead. How does this change the game? [http://news.cnet.com/China-launches-largest-IPv6-network/2100-1025_3-5506914.html Article] [Rainer]&lt;br /&gt;
&lt;br /&gt;
== Communications Norms , Free Speech and the Internet ==&lt;br /&gt;
&lt;br /&gt;
=== The Rise of Anonymity... ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Jgruensp|Jgruensp]]&#039;&#039;&#039; (maybe: see below)&lt;br /&gt;
&lt;br /&gt;
&amp;quot;on the internet, nobody knows that you&#039;re a dog.&amp;quot; Or tall, or 12 years old, or a hairdresser by day, or a lesbian, or in India, or with a harelip, or... but also: now that we can&#039;t filter by that by default, what do we filter by? Do we now bias towards good writers - and what of people who communicate best non-verbally?&lt;br /&gt;
&lt;br /&gt;
What legitimate and illegitimate uses for anonymity are available on the internet?  When is personal information useful, and when is verification appropriate?  Last week&#039;s discussion about the different cultures on Wikipedia and Ebay and the use of behavioral enforcement mechanisms (ebay rating system, thumbs up/down-ing other drivers, etc.) reminded me of a panel from my favorite webcomic:  http://xkcd.com/325/.  As noted in the Properties subtext to the comic, &amp;quot;You can do this one in every 30 times and still have 97% positive feedback.&amp;quot;  How concerned should we be that people--be they selfish, malicious, or simply lunatics--can exploit such weaknesses in systems for building online reputations?  If this is a real problem, how can we change current systems or create new ones to better protect users?  And what are the trade-offs that come with better protection? --[[User:Gwen|Gwen]] 11:21, 26 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
Also, what are the political and social implications of anonymitiy in countries with less free expression than the United States. In the Chinese example, we might speculate that with the internet more discourse is going on, in contexts ranging from political debates to hobby and commercial communities, but people may be motivated to try to remain anonymous. &amp;quot;Real name&amp;quot; requirements in some countries may challenge this, but circumvention methods exist. Then, how many people use circumvention methods, and how many users use them in a way that truly maintains anonymity? What does it mean that civic discourse might explode, but without real names attached? --[[User:G|G]] 11:58, 28 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
To what extent does our received wisdom on anonymity reflect previous modes of technological development?  With the advent of data mining, can an author truly be anonymous by leaving his/her name out, if that information can be ascertained quickly?  Did old-style pamphletting allow for better anonymity?  How good are names at identifying something that is person-like?  Does the repeated use of a pseudonym change anything?  Could anyone in revolutionary times write under the name Publius?  Can anyone do that on wikipedia? Does the design of the internet allow/encourage anonymous postings or have we been lulled into a false sense of security by programs like [http://www.torproject.org/ Tor]?  How do avatars and pseudonyms change these discussions?  Is this a question of identity or accountability or neither?  What does it mean to sue a username?  Does the ability to remain unnammed expand the range of discourse or have a chilling effect of its own?  Is the act of remaining unnammed ultimately a collective move, as in the case of [http://en.wikipedia.org/wiki/Anonymous_(group) Anonymous], or an inherently individuating move?  Would granting users the right to remain pseudononymous create a tragedy of the [http://en.wikipedia.org/wiki/Anticommons anticommons], effectively rendering all userboards unusable? Does anonymity allow users to transcend bigotry or does it reinforce it? --[[User:Megerman|Megerman]] 09:00, 29 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
--I would be interested in narrowing this down with someone to a more focused topic, as JZ recommended. --[[User:AMehra|AMehra]] 18:11, 1 December 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== ... or the Fall of Privacy? ===&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;&#039;[[User:Danray|Dan Ray]]&#039;&#039;&#039; (it looks like there are at least a few presentations&#039; worth of topics under this heading), &lt;br /&gt;
&#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039; (maybe),&lt;br /&gt;
&#039;&#039;&#039;[[User:Jgruensp|Jgruensp]]&#039;&#039;&#039; (maybe: I&#039;m not sure whether it&#039;s better to try to talk about added anonymity and reduced privacy together or separately, and how to break privacy up further; it all depends on the focusing issue and/or if we have several classes&#039; worth of interest)&lt;br /&gt;
&#039;&#039;&#039;[[User:CKennedy|CKennedy]]&#039;&#039;&#039; &lt;br /&gt;
&lt;br /&gt;
Despite the superficial anonymity provided by Internet communications, tracing a user of communications technologies has become ever-easier for the backbone provider, government actor, communications tool purveyor, and even the dedicated outside observer.  Moreover, many members of the generation raised alongside the Internet spurn the option to use superficial anonymization altogether, posting photos and intimate personal details on social networking sites and rejecting pseudonymization on message boards.  How will norms of [http://plato.stanford.edu/entries/privacy/ privacy] change for the coming Internet generation?  How are they already changing?&lt;br /&gt;
&lt;br /&gt;
[http://www.accessmylibrary.com/coms2/summary_0286-23465941_ITM Alan Westin proposed] four states of privacy: &#039;&#039;Anonymity&#039;&#039; (freedom from identification and surveillance in public places and performing public acts), &#039;&#039;Solitude&#039;&#039; (freedom from observation from others), &#039;&#039;Reserve&#039;&#039; (freedom from disclosure of personal information to others), and &#039;&#039;Intimacy&#039;&#039; (freedom from surveillance in a group, in order to allow for free and open personal relationships).&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Anonymity&#039;&#039;: As [[User:Megerman|Megerman]] asks in the topic above, has the average citizen lost the ability to pamphlet anonymously with the movement of the public discourse online?  What about anonymous protest?  Does the fact that the vast majority of participants in online discussion do not have the tools to penetrate superficial anonymity more than make up for the ability of a few dedicated actors to do so (i.e. is the new anonymity &amp;quot;better&amp;quot; than the old)?&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Solitude&#039;&#039;: Are reading habits now an open secret, with the URLs of favorite webpages subject to disclosure upon request under the [http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002703----000-.html Stored Communications Act]?  What about citizens&#039; commercial activity online?  [http://en.wikipedia.org/wiki/Stanley_v._Georgia Stanley v. Georgia] strongly suggested that what a person did in the privacy of her own home was her own business as long as others were not harmed.  Is this no longer true w/r/t commercial actors such as internet service providers?  The government?  Requests of commercial actors made by the government?&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Reserve&#039;&#039;: What kind of right of reserve should we expect in our commercial transactional records?  Health care records?  Credit information?  Should we rely on general laws like [http://www.hhs.gov/ocr/privacysummary.pdf HIPAA] to navigate these issues?  Terms of Service and other one-on-one negotiations via contract law?  Can social and commercial norms do this work in place of law?&lt;br /&gt;
&lt;br /&gt;
&#039;&#039;Intimacy&#039;&#039;: As communications technologies make conversation over greater distances with fewer obstacles possible, is there a corresponding tradeoff in the loss of intimacy when using such technologies?  Is it simply to be expected that email and message-board gatherings will not be free from surveillance?  Is it even technologically feasible to make them so?  As people rely more on such innovations and less on face-to-face meetings to stay in touch with friends and family, or to engage in political organization and political discourse, will certain bonds of intimacy be loosened or severed?&lt;br /&gt;
&lt;br /&gt;
Is there an inexorable push toward a [http://en.wikipedia.org/wiki/The_Transparent_Society Transparent Society]?  Is that a good thing?  Is it both [http://www.wired.com/politics/security/commentary/securitymatters/2008/03/securitymatters_0306 undesirable] and [http://books.google.com/books?hl=en&amp;amp;id=_bodvczXUIsC&amp;amp;dq=solove+digital+person&amp;amp;printsec=frontcover&amp;amp;source=web&amp;amp;ots=wnpy3t0qKS&amp;amp;sig=IivUDdJKJ_bmaxDN3R5Ccdg37Dw&amp;amp;sa=X&amp;amp;oi=book_result&amp;amp;resnum=1&amp;amp;ct=result#PPP9,M1 avoidable]?  Or is this all overblown hype?&lt;br /&gt;
--[[User:Jgruensp|Jgruensp]] 15:17, 29 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Sources ===&lt;br /&gt;
&lt;br /&gt;
Where does the information for/during discussions come from? Interfaces/ease-of-access/digestibility of information affects how quickly it can get injected into conversations? (examples: hitting wikipedia in the middle of a dinner discussion, calling an expert friend or hitting another IRC channel to answer a quick question, etc). How does this affect how people prepare for conversations? (If you can easily look up notes during the meeting, why take them down beforehand?) Trying to apply some thoughts about [http://blog.melchua.com/2006/03/31/on-the-future-of-libraries-2/ info access in libraries] to this.&lt;br /&gt;
&lt;br /&gt;
Also, what if any tools exist to help people archive previous states of dynamic sites such as BBSs and news pages? In other words, after information comes into discussions, how can we see what happened after the fact? --[[User:G|G]] 12:01, 28 November 2008 (EST)&lt;br /&gt;
&lt;br /&gt;
=== Identity and Expertise ===&lt;br /&gt;
&lt;br /&gt;
How are participants in an internet dialog identified and credentialed? What gives weight to a participants&#039; arguments - or phrased another way, what type of participants and arguments have weight, and what determines this for each discussion, participant, and discussion point?&lt;br /&gt;
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=== Free Speech ===&lt;br /&gt;
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==== Rights of Minors ====&lt;br /&gt;
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presenters: &#039;&#039;&#039;[[User:Bepa|Vera]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
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Minors have long been recognized to not have free speech rights that are co-extensive with adults.  But with the Internet, how do we define those rights?  And what, if any, regulation should the government enact to protect minors on the Internet, while also respecting their rights?&lt;br /&gt;
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There are two traditional categories where minors&#039; free speech rights have been restricted.  The first is with respect to pornography, the second with respect to the school environment.  These two areas raise different concerns.&lt;br /&gt;
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===== Pornography =====&lt;br /&gt;
presenters: &#039;&#039;&#039;[[User:Ayelet|Ayelet]]&#039;&#039;&#039; (Maybe)&lt;br /&gt;
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* Re: Pornography: I think we might think of Porn on the net not only through the free speech/pedophilia topics. Pornography is one of the main uses of the net, whether we like it or not, and it seems that a great part of the architecture and governance of the web today must have been influenced by that fact. It could be interesting to think about this connection as a structural idea.&lt;br /&gt;
* a second point to make is the globalization of police enforcement of child porn. It raises some interesting legal and practical concepts. &lt;br /&gt;
--[[User:Ayelet|Ayelet]]&lt;br /&gt;
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The Government has on several occasions attempted to place restrictions on Internet access with the intention of preventing minors from viewing pornography.  Nobody questions the Government&#039;s legitimate interest in restricting pornography, however the Government has run into substantial legal problems with most legislation it has enacted - primarily because the statutes were found to curtail the free speech rights of adults.  &lt;br /&gt;
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Issues:&lt;br /&gt;
*Should the Government attempt regulation in this field at all?&lt;br /&gt;
** Does self regulation work?&lt;br /&gt;
** Is there any way to enact legislation to protect minors without limiting protected adult access?&lt;br /&gt;
*What would be defined as the community?&lt;br /&gt;
** Is there any way to develop a &amp;quot;community standard&amp;quot; where the Internet is inherently national/global?&lt;br /&gt;
*Do adults&#039; rights to view porn mean that the Government must allow them to do so should it create free public access to the Internet?&lt;br /&gt;
*Privacy&lt;br /&gt;
** If, as currently proposed, a method is developed to determine whether an Internet user is a minor, how do we protect the privacy of the users?&lt;br /&gt;
** Do opt-in/opt-out policies go against our rights to privacy?&lt;br /&gt;
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* The above discussion confuses obscenity with pornography.  Obscenity law conveys a form of moral condemnation from the position of the status quo.  Pornography law, if it ever existed, attempted a political analysis of equality principles.  There are few things that will guarantee a messageboard clusterfuck like a discussion of pornography and heaven forbid you ever suggest that someone might one day take somone&#039;s porn away.  One of the reasons for this situation is that the views and voices of the pornography-skeptical left have been almost completely drowned out and the vast majority of pornography viewers think that only a puritanical right opposes the idea (and thus each pornographic image consumed becomes a blow against Pat Robertson on behalf of liberty).  If you believe that pornography involves serious concerns of civil rights then it&#039;s unclear how the internet or modern modes of transmission ultimately changes much other than providing easier access to rights violations.  A radical position might exhort an abandonment of a commitment to equality in the face of overwhelming firepower, but that&#039;s not one that many would adopt.  That said, it&#039;s pretty clear you&#039;re talking about obscenity, given the reference to community standards and so on.  Keeping these two issues analytically separate is always the second thing to go in these discussions (once we&#039;ve silenced certain voices).  --[[User:Megerman|Megerman]] 17:30, 30 November 2008 (EST)&lt;br /&gt;
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**I can see how the confusion about pornography and obscenity can arise, but just to be clear, its the regulation of pornography with respect to minors that is raising the issue - not pornography in general.  From my limited knowledge of free speech laws, it seems pretty clear that regulation of access to porn by minors is pretty much established.  As to the &amp;quot;community standards&amp;quot; this in fact has been raised with respect to porn by the FCC.  Currently, there is a proposal to auction spectrum to allow free broadband access to the Internet, provided that it is &amp;quot;porn free.&amp;quot;  The rationale given is that this is to protect minors, and what porn would be filtered would be based on community standards.  &amp;lt;i&amp;gt;See Service Rules for Advanced Wireless Services&amp;lt;/i&amp;gt;, WT Docket Nos. 07-195 and 05-356, Further Notice of Proposed Rulemaking, FCC 08-158 (rel. June 20, 2008).  It explicitly states that the provider of the free Internet would need to have a filter that &amp;quot;filters or blocks images and text that constitute obscenity or pornography and, in context, &amp;lt;i&amp;gt;as measured by contemporary community standards and existing law&amp;lt;/i&amp;gt;, any images or text that otherwise would be harmful to teens and adolescents.  For purposes of this rule, teens and adolescents are children 5 through 17 years of age[.]&amp;quot;  &amp;lt;i&amp;gt;Id.&amp;lt;/i&amp;gt; (emphasis added). -- [[User:Bepa|Bepa]] 18:30, 30 November 2008 (EST)&lt;br /&gt;
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***The rabbit gets put in the hat when you say &amp;quot;regulation of pornography with respect to minors.&amp;quot;  We regulate child pornography (that is, pornography involving minors) and the access to obscene materials by minors.  Since [http://www.bc.edu/bc_org/avp/cas/comm/free_speech/hudnut.html Hudnut] this country has not regulated pornography that does not involve children.  [http://ifea.net/cipa.pdf CIPA] and other laws regulate the ability of children to access obscene material on the Internet, but does not regulate pornography that does not involve children.  Of course, this point is often lost even by somewhat credible observers and it certainly seems a little beyond Rehnquist in [http://www.law.cornell.edu/supct/html/02-361.ZO.html United States V. American Library Assn., Inc.].  As far as the proposed FCC rules, my guess is that the Court would find them to be unconstitutional insofar that they prohibited the dissemination of pornography, but they&#039;d be fine if they were just limited to obscenity.  Intuitively, this tracks the larger discussion.  Those who seek to protect children from obscenity are concerned about issues of morality and sin, not equality and justice.  The community standards issue only applies to obscenity and for these reasons.  I&#039;m less concerned with the substance of this actual debate (which may be beyond the scope of this class) than keeping the terms straight (and thereby unsilencing a valid viewpoint in these discussions). --[[User:Megerman|Megerman]] 19:13, 30 November 2008 (EST)&lt;br /&gt;
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===== Schools =====&lt;br /&gt;
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Courts have recognized that the minors do not have rights to engage in speech that has a substantial impact on the school setting, or runs against pedagogical interests.  For example, displaying a sign that questionably promotes drug use while at a school sponsored event is not protected speech. Minors are also most likely prevented from passing around a flier encouraging students to riot if they pass that flier around at school.  But what if they pass the message as a digital flier?  Perhaps the students create a group on Facebook encouraging students to simultaneously drop their pencils at 11:30 am, and again every 5 minutes for the rest of the day.  Is that speech protected if all the activity takes place from the home?&lt;br /&gt;
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Issues:&lt;br /&gt;
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*What type of activity should be regulated, if at all?&lt;br /&gt;
** Should Internet activity that takes place primarily at home, but creates a disruption at school, be protected?&lt;br /&gt;
*** What if the disruption at school is substantial?  Not substantial?&lt;br /&gt;
*** What if the speech is only tangentially related to the school setting, but still creates some impact there?&lt;br /&gt;
*How do we balance the legitimate pedagogical needs of minors to have access to the Internet with the need to create an environment where students can learn, free from distraction?&lt;br /&gt;
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==== Political Speech and Political Change====&lt;br /&gt;
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===== Meta-Public Policy =====&lt;br /&gt;
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&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
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See, e.g., Larry Lessig&#039;s Change Congress movement: http://change-congress.org/about/. Being Larry Lessig, the whole thing is tech-friendly.&lt;br /&gt;
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===== The First USA CTO =====&lt;br /&gt;
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&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
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President-elect Obama&#039;s promise to appoint the first USA CTO has turned many heads, and discussions on what the (as of yet unappointed) CTO should do have started up, notably at http://obamacto.org/. Several other related links not purely focused on &amp;quot;US CTO&amp;quot; issues:&lt;br /&gt;
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* http://www.techpresident.com/blog/entry/32788/presidential_transition_2_0_how_to_use_new_social_media&lt;br /&gt;
* http://www.govloop.com/&lt;br /&gt;
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===== Deliberation Day =====&lt;br /&gt;
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The paper on the study, and where similar effects re: citizen participation may be seen.&lt;br /&gt;
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&#039;&#039;&#039;Images online&#039;&#039;&#039;&lt;br /&gt;
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Fanvids&lt;br /&gt;
http://en.wikipedia.org/wiki/Songvid&lt;br /&gt;
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copyright and privacy issues regarding images on social networking sites&lt;br /&gt;
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== New Legal Issues Raised by the Internet ==&lt;br /&gt;
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=== Net Neutrality ===&lt;br /&gt;
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=== Chillingeffects.org ===&lt;br /&gt;
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&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
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And other, similar layman-focused legal projects&lt;br /&gt;
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:I think I added this topic header, but it&#039;s just something that interests me; I&#039;m not sure what, if any, &#039;&#039;frontier&#039;&#039; issue we could take up with them. I&#039;m really interested in this kind of online legal services application, though I wonder if Chilling Effects itself has stabilized as an institution. Is there another group doing peer-powered legal work, or can anyone think of an interesting problem to tackle?  [[User:Danray|Dan Ray]] 12:40, 1 December 2008 (EST)&lt;br /&gt;
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== The Internet as a &amp;quot;Place&amp;quot; ==&lt;br /&gt;
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=== Internet Governance ===&lt;br /&gt;
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Presenters: &#039;&#039;&#039;[[User:Bepa|Vera]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
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Much like open-source software, the Internet can be considered a collection of servers, pipes, and users spread all over the world. How does it keep working? One easy answer is that the United States (through actors public and private) just sort of gets its way. This isn&#039;t really a satisfying answer descriptively or normatively, though. With the rest of the world contributing more and more to the Internet as a whole, is it time for a change?&lt;br /&gt;
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Guests: Susan Crawford?&lt;br /&gt;
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== Internet/network Security ==&lt;br /&gt;
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&#039;&#039;&#039;[[User:Jgruensp|Jgruensp]]&#039;&#039;&#039; (fun topics, all: we could invite [http://www.csis.org/component/option,com_csis_progj/task,view/id,1117/ the CSIS commission] which has been grappling with all these issues and is desperate for legal guidance)&lt;br /&gt;
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=== Internet Dependency (What if someone somehow takes down the net?) ===&lt;br /&gt;
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&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
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We have come to rely on the Internet for almost every aspect of our lives.  If the Internet somehow suddenly went &amp;quot;down&amp;quot; (through either a cyberattack or physical attack on key backbone pieces of infrastructure), the result would likely be calamity, as well as hordes of people who wouldn&#039;t know what to do with themselves.  Can we even imagine what the world would look like the morning after such an attack if it was successful?  Are we wrong to rely so heavily on a single tool whose detailed technical inner workings so few people truly understand?  Are we setting ourselves up to be ruined when someone compromises this tool?  What about the tradeoffs between keeping the Net free+open vs. regulation to ensure that it retains its functional integrity in the face of attack?  &lt;br /&gt;
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We can invite Dan Kaminsky, who recently discovered a flaw in the inner-workings of the Net that could have caused some serious damage.  See, e.g., http://www.nytimes.com/2008/08/09/technology/09flaw.html?hp&lt;br /&gt;
(or we could invite will smith, who defeated the aliens in independence day with the help of cyber-attack).&lt;br /&gt;
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* I vote Will Smith.  Unless everyone wants to get into the desirability of a DNS nonce of sufficient bitlength, in which case... no, still Will Smith.  That guy&#039;s an elliptic curve cryptography fiend.  However, if we do want to talk about design issues in the internet, and the failure of the marketplace to handle externalities created by poor software design, leading to the perpetual crisis of bugginess, we could do worse than to invite [http://cr.yp.to/djb.html Daniel Bernstein].  Plus, as an added bonus, he saw the issues that gave rise to the Kaminsky bug coming down the pike [http://cr.yp.to/djbdns.html a long] [http://cr.yp.to/djbdns/forgery.html time ago]. --[[User:Jgruensp|Jgruensp]]&lt;br /&gt;
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=== Internet as International Conflict Zone ===&lt;br /&gt;
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&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
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In light of the [http://en.wikipedia.org/wiki/Cyberattacks_on_Estonia_2007 recent events in Estonia], have we finally reached the long-predicted era of cyberwarfare?  Is cyber-espionage a counterintelligence problem or something more?  ([http://www.nationaljournal.com/njmagazine/cs_20080531_6948.php This article from the National Journal] talks bluntly about perceived threats, although is perhaps a little too willing to attribute causation of certain events to Chinese actors on dubious evidence)&lt;br /&gt;
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=== Internet as an Extension of National Infrastructure ===&lt;br /&gt;
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&#039;&#039;&#039;[[User:Danray|Dan Ray]] (maybe)&#039;&#039;&#039;&lt;br /&gt;
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It is easy to define the borders of the nation in realspace (ports, airports, land crossings), and the tradeoffs between private propertyholders&#039; rights and national security interests (making those tradeoffs? Not always so easy).  But what are the national borders in cyberspace?  Given the dangers described in the two topics above, what kind of role, if any, should national government play in monitoring and regulating major backbone communications links?  What about the networks of semi-public industries such as utilities?  Private corporations that store government secrets?  Financial systems?  Other types of privately owned networks?&lt;br /&gt;
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--[[User:Jgruensp|Jgruensp]] 23:54, 30 November 2008 (EST)&lt;/div&gt;</summary>
		<author><name>DebbieRosenbaum</name></author>
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