Ernie the Attorney : searching for truth & justice (in an unjust world)
Updated: 6/5/2003; 10:50:00 PM.

 



















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Monday, August 05, 2002

A Decision on Digital Television - N.Y. TIMES article: "At the urging of several members of Congress, the F.C.C. is set to decide on Thursday on a regulation proposed in January 2001 that would require consumer electronics makers to include digital tuners in all new TV sets by 2006. The idea is that if enough sets are sold with the proper receivers, broadcasters will have more incentive to provide programs to watch on them — giving people more reason to buy the televisions."

Fritz Hollings doesn't buy this premise, I gather.  His view is that once we give the Content Kings a death star that can be used to destroy the rebel forces in the peer-to-peer universe then we will all be awash in quality digital transmissions.  Is there anything else?  Oh, I almost forgot: they should have the right to unleash viruses.  But only top quality ones. 
10:01:58 PM    


Two important tobacco liability rulings from California's highest court - Howard reports "The Supreme Court of California has today issued two decisions that will be of interest both to tobacco producers and to smokers who live in that State. You can access the rulings here and here." (PDF files)

9:50:39 PM    


Eldred site - Donna Wentworth of Copyfight blogs: "Larry Lessig just sent me an email pointing to Eldred v. Ashcroft: Intellectual Property, Congressional Power, and the Constitution--a terrific collection of draft papers from a symposium on the Eldred case, to be published in the upcoming Fall issue." 
9:45:12 PM    


More Law Blogs - I've been adding to the Law Blogs Outline at the rate of a couple each day.  From now on I will list the additions on the Legal Headlines outline.  So check there if you want to be kept informed of the additions.

9:21:16 PM    


Heart of Darkness RevistedMartin Schwimmer describes his temptations vis a vis a Nigerian novelist, prompting Robert Fortuno to mention his post on the art of the con.  Well, then, I too have some file material on this.

New LA Cop Show - it's all about how the LA Police Department enforces their intellectual property rights. Against the networks.  Now, I'd sit through the commercials to watch that one.
6:51:07 PM    


Google your PC?  - makes sense to some, but not so much to the folks at Microsoft.  Seattle Times

6:44:57 PM    


TIVO - ready to shift the advertising industry - “Thirty percent of people in our business are caught in the headlights, and another 30 see it as a consumer-driven revolution that we haven’t even begun to explore yet,” says Laurie Coots, chief marketing officer of ad giant TBWA/Chiat/Day. “But the rest think this is the end of the world as we know it.”  The Newsweek article talks about Broadcast Flag legislation as well.  

6:43:55 PM    


Dave Weinberger at PopTech?  -  Looks like it.  I'm totally psyched about PopTech, a gathering of tech luminaries in Camden, Maine.  This year's event will take place on October 18 - 20th and will be about "Artificial Worlds."  Attendees include Bob Metcalf (inventor of Ethernet), Ray Kurzweil, Henry Jenkins, and others.  I mean, Dave Weinberger is going as a mere attendee.  Wow!  What are you all waiting for?

1:11:34 PM    


A Technological Maginot Line - great article in the Atlantic Monthly (special report Sept. 2002; not available online) by Charles Mann, who discusses security guru Bruce Schneier's views:

"The way people think about security, especially security on computer networks, is almost always wrong.  All too often planners seek technological cure-alls, when such security measures at best limit risk to acceptable levels.  In particular, the consequences of going wrong--and all these systems go wrong sometimes--are rarely considered."

Then, discussing our politicians' post 9/11 effort to festoon all public places with security measures, he offers these thoughts:

"To armor-plate the nation's security they increasingly look to the most powerful technology available: retina, iris, and fingerpring scanners; "smart" driver's licenses and visas that incorporate anti-counterfeiting chips; digital surveillance of public places with face-recognition software; huge centralized databases that use data-mining to sniff out hidden terrorists."

Schneier, who understands computer security at a level few of us can, says "if you think technology can solve your security problems...then you don't understand the problems and you don't understand technology."  I think this message needs more volume.  We need to crank it up to eleven (which, as Spinal Tap reminds us, is "one louder").   When politicians aren't kissing babies, or standing on the Capitol steps reciting the Pledge of Allegiance they are often touting how some new technology (which the government will implement and control) is going to solve our problems.   Let's use a centralized database (like Larry Ellison says) and let's make the unique identifier the person's thumbprint.  What's wrong with that?

"Okay, somebody steals your thumbprint," Schneier says.  "Because we've centralized all the functions, the thief can tap your credit, open your medical records, start your car, any number of things.  Now what do you do?  With a credit card the bank can issue you a new card with a new number.  But this is your thumb -- you can't get a new one."

These are the simple problems that people who really know something about security analyze.  And what do our politicians really know about computer, security, or technology?  That's the question we need to always remember to ask.  And the answer, of course, is obvious.
12:12:46 PM    


Instapundit says - "IF YOU'RE INTERESTED IN COPYRIGHT LAW (and people today should have the same interest in copyright law that sheep have in shears, or steers have in mallets) then you'll want to read this piece by law professor Tom W. Bell.  Bell says that modern copyright law is corporate welfare -- and calls for welfare reform."  InstaPundit

10:15:07 AM    


© Copyright 2003 Ernest Svenson.

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