February 28, 2017

Archives for May 2013

Internet Voting Snafu at USRowing

USRowing, the governing body for the sport of rowing in the U.S., recently announced the discovery of likely fraud in one of its leadership elections.

Further investigation into this region’s voting resulted in the determination that fraudulent ballots were cast in the Mid-Atlantic election that directly affected the outcome of the Mid-Atlantic Regional Director of the Board of Directors election only. Those responsible for the fraudulent ballots have not yet been identified.

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Arlington v. FCC: What it Means for Net Neutrality

[Cross-posted on my blog, Managing Miracles]

On Monday, the Supreme Court handed down a decision in Arlington v. FCC. At issue was a very abstract legal question: whether the FCC has the right to interpret the scope of its own authority in cases in which congress has left the contours of their jurisdiction ambiguous. In short, can the FCC decide to regulate a specific activity if the statute could reasonably be read to give them that authority? The so-called Chevron doctrine gives deference to administrative agencies’ interpretation of of their statutory powers, and the court decided that this deference extends to interpretations of their own jurisdiction. It’s all very meta, but it turns out that it could be a very big deal indeed for one of those hot-button tech policy issues: net neutrality.

Scalia wrote the majority opinion, which is significant for reasons I will describe below. The opinion demonstrated a general skepticism of the telecom industry claims, and with classic Scalia snark, he couldn’t resist this footnote about the petitioners, “CTIA—The Wireless Association”:

This is not a typographical error. CTIA—The Wireless Association was the name of the petitioner. CTIA is presumably an (unpronounceable) acronym, but even the organization’s website does not say what it stands for. That secret, known only to wireless-service-provider insiders, we will not disclose here.

Ha. Ok, on to the merits of the case and why this matters for net neutrality.
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Open-Source 3D Printing and Copyright Reform: It’s Time to Revisit Personal Use Copying

Last week, I attended MSU’s Fifth Annual Conference on Innovation and Communications Law, where I saw a wonderful presentation by Joshua Pearce, an engineering and material sciences professor from Michigan Tech, on “distributed open-source digital manufacturing” (a.k.a. open-source 3D printing). The hardware Joshua presented is called RepRap:

RepRap takes the form of a free desktop 3D printer capable of printing plastic objects. Since many parts of RepRap are made from plastic and RepRap prints those parts, RepRap self-replicates by making a kit of itself – a kit that anyone can assemble given time and materials. It also means that – if you’ve got a RepRap – you can print lots of useful stuff, and you can print another RepRap for a friend…

I love conferences that bring lawyers together with technologists, because they really help the lawyers among us understand what’s at stake for developers of new technologies that intersect—maybe “collide” is the better word—with intellectual property law. Joshua’s presentation ended with a plea to the lawyers in the room to prevent IP law from inhibiting the development and proliferation of open 3D printing technologies, which promise to revolutionize—maybe “disrupt” is the better word—our entrenched, centralized, and outsourced manufacturing model.
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