Virtual Diversity

In response to my Pale People post a friend sent a link to a 2009 article titled “Doctoring Diversity: Race and Photoshop”. There’s a word for altering a picture to convey a message not present in unadulterated original: fraud.

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Posted in Consumer Protection, Pop Culture | Tagged | Leave a comment

Educate, Then Legislate

Researching the policy debates surrounding I came across “Dear Internet: It’s No Longer OK to Not Know How Congress Works.” Clay Johnson, its author, posted it in response to “Dear Congress: It’s No Longer OK to Not Know How the Internet Works,” which rightfully criticized members of for their wilfull ignorance of fundamental aspects of Internet architecture during debates on SOPA. Johnson’s point is that “online activists, the free culture crowd, and the pro-open and free Internet crowd needs to get a clue too. See — it’s just as important for us to understand how works as it is for the to understand how the Internet works. In Washington, those who ‘educate’ the best usually end up with the winning .” As a teacher this is what most interests me, helping students understand how policy is translated into and other modes of regulation. I’m not talking about the mechanics of How a Bill Becomes a Law, but understanding that law is the manifestation of policy. The topic of tomorrow’s Internet law class is “Architecture, Values, and Regulation,” introducing students to Larry Lessig’s concept that with respect to the Internet, Code is Law. (Here’s Lessig’s 2000 article by that title in Harvard Magazine; he developed the concept most fully in Code v.2.) It’s not surprising that after years of being the foremost thinker about modes of Internet regulation Lessig turned his attention to how money, , and corporate influence affects how policy becomes law.

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SOPA Explained

For analysis of that focuses on its legal requirements critically but without hyperbole see “A Close Look at SOPA” by Jonathan Zittrain, Kendra Albert and Alicia Solow-Niederman.

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SOPA Status

It’s been a consequential week for the Stop Online Act () and the Protect IP Act, the two controversial pieces of copyright-protected pending in . I’ve posted about these bills in recent months but I’ve not attempted to post the play-by-play culminating in last week’s coordinated online protest against the bills. Now that the bills have stalled–the New York Times reports “the pressures of an election year make action this year unlikely”–over the next few days I want to take time to compare the bills’ stated purposes with their methods for achieving those purposes, and separate fact and myth from arguments of both the bills’ proponents and its opponents. These particular bills may be gone for good but the issues they address and, as important, the music, motion picture, and publishing industry effort that pushed for their creation are still patrolling the House and Senate.

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Posted in Intellectual Property | Tagged , , , | Leave a comment

Supreme Court Rules GPS Tracking Requires Warrant

The U.S. Supreme Court just announced its decision in U.S. v. Jones, ruling unanimously that the government must obtain a before affixing a tracking device to a suspect’s vehicle. While all the justices agreed that the required police to obtain a they did not agree on the rationale.  Five joined Justice Scalia’s majority opinion that the Fourth Amendment applied to private property such as a vehicle.  Four agreed with Justice Alito that this warrantless search violated the defendant’s . According to the article just posted by The Wall Street Journal-

Justice Alito warned that a property-based approach was too narrow to guard against the proliferating threats to personal privacy modern technology posed. Justice Scalia stressed, however, that the majority wasn’t repudiating the broader test articulated in 1967, but rather that it was unnecessary to reach it because installation of the tracker was sufficient by itself to trigger the Fourth Amendment.

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Posted in Constitutional Law, Privacy | Tagged , , , | Leave a comment

Recommendation Recommendations

Frustrated by the many students who make the same missteps my colleague Professor Rachel Spooner penned a terrific short memo about seeking written letters of recommendation.  She gave me permission to use it; I’ve excerpted the portions that resonate most with me (which is 90% of it).

For several years I have been spending a significant percentage of my time writing letters of recommendation for my students, current and former. I am happy to do so; my students work hard and I am happy to acknowledge their strengths, and I realize I wouldn’t be where I am without several busy people taking time to write letters for me, so I feel I obligated to do the same. Because I take the time to know my students, in most cases it is easy for me to write a letter expressing a personal view of the student. Occasionally, though, the circumstances present a real challenge. I do the best I can, but the best letters are those that reflect anecdotes and personal details that don’t come through on a transcript. The following is a list of my suggestions on how to get good, personal, and detailed letters of recommendation written for you, whether it is by me or another professor or professional contact.

  • Let me get to know you. Simply showing up in class, doing well on exams, and writing good papers is not enough. Often I have “A” students that I barely know. All I can write is about is their performance on tests and papers, which is already conveyed to the Admissions Office/Employer in their transcripts. This is even worse if the student does not get an A. It is easy to let a professor get to know you: talk to see them in office hours, or ask them to meet over lunch or coffee. Some of my best letters have been written about a meaningful conversation I had with a student in office hours that had nothing to do with our course. You do not need an important question or topic to come see me.
  • Class participation is only the first step. One way I can start to get to know you is through strong class participation. It is not the only way, and it is not enough, but it is a start.
  • You don’t need an “A” to get a good letter. Some of my favorite students received average grades in my course. But because I got to know them outside of class, I could appreciate all their strengths, and write meaningful letters. I include this point so you don’t think all we care about is grades, and to reinforce how important it is to get to know your recommender.
  • Provide ample notice. Writing letters isn’t our only job.
  • Keep in touch. Even if I knew you well when you were in my class, if you come to me years later, and I haven’t spoken to you since, it will be challenging to remember the type of personal details that make a good letter. Stop by office hours, meet me for coffee, send an email once in a while.
  • Let me know the results. It is frustrating to write letters of recommendation and never hear from them again. I want to know where you got in, and what your plans are. If I didn’t care, I wouldn’t write the letter. A simple email, or postcard from your study abroad program would suffice.
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Posted in Teaching | Tagged | 1 Comment

I Like My Vanilla Plain

I did a double-take when I saw the picture on a card from the –International Association of Privacy Professionals. For a reality check on my reaction I handed a card to a student and asked if she noticed anything. She looked at it for three seconds and said “you mean anything other than the lack of ?”

IAPP=International Association of Pale People?

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Posted in Pop Culture, Privacy | Tagged | Leave a comment