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The Los Angeles Sheriff’s Department has long contended it has no gang problem. We’re not talking about the many gangs roaming the streets of Los Angeles. We’re talking about the cliques formed by deputies that identify themselves with patches, tattoos, tactics, and a general disregard for the rights of the people they serve. The LASD […]

This week is Engine’s second annual Patent Quality Week, focused on the many ways that the patent system allows low-quality patents to get through, the problems this causes, and what can be done about it. On this week’s episode, we’re joined by Abby Rives and Charles Duan for a discussion all about why patent quality […]

It’s entirely possible that there’s a different backstory to the whole Elon/Twitter mess, but from everything that’s happened so far, the story sure looks like (1) Elon decided to buy Twitter on a whim without recognizing either the risks or the actual challenges in pulling together a deal, (2) almost immediately started regretting it, especially […]

UPDATE: Since this post’s composition over the weekend, there has been a notable development. Axon has, for the moment, pulled the ends of its toes from overhanging the precipice. It only took the resignation of most of the Ethics Board (nine of twelve members) to force the company to reconsider its move towards offering schools […]

The refurbished HP EliteBook pairs a fast processor with 8GB of RAM to help make multitasking easier, and its speedy 256 solid-state drive can house your essential media, games, and other data. It also features three USB ports so you can make the most of your system by expanding it with peripheral devices. This laptop […]

We’ve had to publish many, many articles highlighting just how badly the mainstream media has misrepresented Section 230, with two of the worst culprits being the NY Times and the Wall Street Journal. Professor Eric Goldman now points us to an incredible 200 page masters thesis by a journalism student at UNC named Kathryn Alexandria […]

New York State has become the first state in the country to pass “right to repair” legislation taking direct aim at repair monopolies. The bill itself mandates that hardware manufacturers make diagnostic and repair information available to consumers and independent repair shops at “fair and reasonable terms.” The bill notably doesn’t include vehicles, home appliances, […]

“Defund the police!” people shouted as cops continued to kill unarmed black people in ways that went far past “subjectively defensive” into “objectively racist.” Minneapolis police officer Derek Chauvin knelt on the neck of George Floyd for ten minutes, personifying 300 years of white oppression of black people. Floyd died, suspected of nothing more than […]

You may have heard that, on Friday, Mariah Carey and Sony Music were sued by a guy named Andy Stone (pretty sure a different Andy Stone than the one who leads communications for Facebook) for allegedly infringing on his song “All I Want For Christmas, Is You.” What you might not have heard is that […]

Now that we’re encountering mass shootings in America on what appears to basically be a weekly or so clip, all the tired, made-up, bullshit talking points that get trotted out to shift blame are coming off as even more tired and made-up than they did previously. We’ve now had three mass shootings that have been […]

Two years ago, just as the COVID pandemic was beginning to radically transform day-to-day life for nearly everyone on the planet, the United States Postal Service decided to protect cops from passive criticism. One month after Minneapolis police officer Derek Chauvin personified America’s omnipresent racism by kneeling on the neck of unarmed black man George […]

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There are so, so, so many different discussions going on concerning internet platform regulations, and so many of the different ideas conflict with one another. But there is a general agreement that the US really, really needs a federal privacy law. Without it, we just bounce back and forth between (1) EU and other nations’ […]

While it got lost under the obsession with “big tech,” California has been doing a lot of interesting stuff in a bid to counter “big telecom.” The state not only implemented new net neutrality rules requiring that telecom monopolies behave, it’s building a massive new open access fiber network that should go a long way […]

This week, our first place winner on the insightful side is Toom1275 with a comment about the copyright questions around “fast movies”: If your movie is so shallow that it can be completely replaced with a 10-minite summary (or evem the trailer) then perhaps it really isn’t all that truly valuable in the first place. […]

Five Years Ago This week in 2017, things seemed pretty bad on the privacy front. Intelligence community leaks were normalizing domestic surveillance abuses, the Fifth Circuit said no warrants were required to obtain near-realtime cell site location info, and while DHS agencies were stepping up demands for social media account info from visa applicants Congress […]

The Supreme Court made it pretty clear in its Rodriguez decision that pretextual traffic stops were fine, but once the pretext evaporated, it was time to cut civilians loose. We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable […]

I’m starting to lose count of how many regulatory proceedings there have been in the last 6 months or so to discuss “standard technical measures” in the copyright context. Doing policy work in this space is like living in a zombie movie version of “Groundhog Day” as we keep having to marshal resources to deal […]

Techdirt is one of the few remaining independent blogs. And, in many ways, I really miss the era of independent blogging that became a thing mainly in the early 2000s. Over time, most people have moved on to either new media organizations (often funded or owned by the old media organizations) or simply embraced social […]

Clearview may as well exit Europe entirely. Things are not going to get better for it. Online privacy laws are far more restrictive on the other side of the pond and Clearview’s business model will always be in violation of those laws. European laws require companies to obtain some sort of consent from the people […]

On both the state and federal level, a flood of new bills are targeting companies’ efforts to monopolize repair by implementing obnoxious DRM, making repair tools and manuals hard to find, bullying independent repair shops (like Apple does), or forcing tractor owners to drive hundreds of miles just to get their tractor repaired (one of John […]

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Senator Ron Wyden has never been shy about demanding both the government and the private sector stop doing so much damn spying on their constituents/users. Eleven years ago — long before it became apparent federal agencies were accessing/buying location data from any private party willing to give them access — Wyden was looking to enact […]

Earlier this year, we noted how FCC Commissioner Brendan Carr had launched a bad faith effort suggesting that “big tech” gets a “free ride” on the internet, and should be forced to fund broadband expansion. Carr’s argument, that companies like Google and Netflix somehow get a free ride (they don’t) and should “pay their fair share” (they […]

There are several things prosecutors can’t do when handling criminal trials. They still do them, of course. They suborn perjury. They deny defendants access to exculpatory evidence. They present junk science as actual science. And, every so often, they ignore the presumption of evidence that’s supposed to be the foundation of the American justice system. […]

A little more than a week ago, the Department of Justice updated its policy regarding CFAA (Computer Fraud and Abuse Act) prosecutions. For years, the DOJ had been complicit in the punishment of security researchers for doing their jobs, reasoning that unauthorized access was the only criminal element it needed to satisfy. The guidance — […]

Earlier this year, we discussed Nintendo — dubbed by me as “the Disney of video gaming” — having gone on a DMCA blitz on YouTube videos that are essentially just new and classic video game music. This has been something Nintendo has ramped up over the years, taking down 100 videos in 2019, more than […]

An interesting case involving the First Amendment right to record is working its way through the federal court system. It involves a man who recorded his interactions with public school officials, posted that video to Facebook (along with his commentary), and was subsequently threatened with prosecution under Massachusetts’ oft-abused wiretap law. The plaintiff, Inge Berge, […]

As you certainly remember, last month Politico published a draft opinion, written by Justice Alito, overturning Roe v. Wade. The final ruling has not yet come out, but is expected soon (as the Supreme Court session is nearing its conclusion). There has been tremendous speculation over who leaked the draft (and why). There has been […]

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The response to the COVID-19 pandemic in America was, at best, inadequate. Many voters who felt subservient to a failed businessman chose to view the pandemic as a conspiracy meant to unseat Donald Trump. Millions died. Many more millions continue to suffer. Schools reacted by offering a variety of learning options to students, including the […]

Fifth-generation wireless (5G) was supposed to change the world. According to carriers, not only was it supposed to bring about the “fourth industrial revolution,” it was supposed to revolutionize everything from smart cities to cancer treatment. Simultaneously, conspiracy theorists and internet imbeciles declared that 5G was responsible for everything from COVID-19 to your migraines. Unfortunately for both […]

There’s an interesting post on the TorrentFreak blog about “fast movies“: These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes. While no replacement for the real thing, these edits accumulated millions of views and incurred the wrath of rightsholders, leading to the arrest of […]

Not only have corporate efforts to monopolize repair resulted in a flood of proposed state and federal laws, the Biden Administration’s recent executive order on monopoly power and competition urged the FTC to tighten up its rules on repair monopolization efforts, whether it’s ham-fisted DRM, or making repair manuals, parts, and diagnostics hard to come by. At the […]

Well, this doesn’t sound like a good idea. The company that recently swore in court filings it would cease and desist sales to all private companies in the United States is offering its product to a number of private companies elsewhere in the world. And it’s courting private contractors doing business with government entities in […]

It’s no secret that copyright and libraries are often in conflict with one another. We’ve pointed out repeatedly how modern publishers would never allow libraries to come into existence if they weren’t here already. The publishers have made that clear by trying to sue out of existence all sorts of things that appear to be […]

It feels somewhat strange to write this post today, short though it may be. We now live in the wake of yet another mass shooting, this time at an elementary school in Texas. It was only weeks ago that we were dealing with the aftermath of the racist attack on a Buffalo grocery store. In […]

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Back in 2017, the Ninth Circuit Court of Appeals decided there was nothing wrong with the indefinite gag orders the government slapped on its (extremely plentiful) National Security Letters (NSL). It told Cloudflare, Credo Mobile, and other parties challenging these gag orders that the Constitution remains untroubled by the government’s demands for silence, which could […]

Back when Netflix was a pesky upstart trying to claw subscribers away from entrenched cable providers, the company had a pretty lax approach to users who shared streaming passwords. At one point CEO Reed Hastings went so far as to say he “loved” password sharing, seeing it as akin to free advertising. The idea was that as […]

For the past couple of years, we have been tracking Sony’s long overdue foray into making its first party titles available to the PC gaming market. Sony, famous for walling off these titles and making them Playstation exclusives, began loosening that grip in 2020. MLB: The Show suddenly appeared on other consoles (though not on […]

Exhale. Just a little while ago, the Supreme Court put Texas’s ridiculous content moderation law back on hold. Specifically, it granted NetChoice and CCIA’s emergency application to put the law on hold, following the 5th Circuit’s decision to reinstate the law without any explanation (which came about in response to a district court’s lengthy explanation […]

In discussions about content moderation, it’s easy to get stuck in the mindset that there are only a few simple ways it could possibly work — but in fact there is plenty of room for exploring creative alternatives. One such idea examined in a recent paper by Aviv Ovadya, Technology and Public Purpose Fellow at […]

Two years ago we wrote about how the Wikimedia Foundation was blocked from gaining observer status at the World Intellectual Property Organization (WIPO) after China objected, over some bizarre nonsense because there happens to be a volunteer-led Wikimedia Taiwan chapter. Obviously, it makes sense for Wikimedia to have observer status at WIPO, as excessive copyright can […]

Whenever cops discover a new means or method of tracking people that seems to run afoul of the letter (if not the spirit) of the Fourth Amendment, they’re quick to defend these actions by claiming they’re necessary to hunt down the most dangerous of criminals: terrorists, sexual exploiters of children, kidnappers, homicide suspects, etc. When […]

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The Supreme Court has taken two swings at this issue: whether or not artistic expression can also be evidence of criminal activity. Two cases with obviously serious First Amendment implications and yet the nation’s top court felt there was no need for it to establish a bright line that might deter future prosecutions based on […]

We’ve noted more than a few times how net neutrality rules were just some stopgap rules to prevent telecom monopolies from being assholes in the absence of real competition. They were modest protections (by international standards) attempting to protect consumers and competitors from giant unchecked monopolies we’ve let run amok for the better part of […]

This week, both our winners on the insightful side are anonymous responses to commenters trotting out the same old, boring, easily dismissed arguments about content moderation on our post about how very little content moderation has anything to do with politics. In first place, it’s a response to someone basically just saying “nuh-uh, of course […]

Five Years Ago This week in 2017, the FCC was still working hard to ignore support for net neutrality and also ignore how fake much of the opposition was, while Apple and Verizon were joining forces to lobby against the right to repair. We learned more about how little it takes to be branded a […]