THE DIGITAL BROADBAND MIGRATION: Examining the Internet’S Ecosystem
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Agenda for FTC Hearing #3: Competition and Consumer
Monday, October 15, 2018 9:00-9:05 am Welcome and Introductory Remarks Henry N. Butler George Mason University Antonin Scalia Law School 9:05-9:20 am Welcome and Introductory Remarks Rohit Chopra, Commissioner Federal Trade Commission 9:20-9:50 am The Economics of Multi-Sided Platforms David S. Evans Global Economics Group 9:50-10:10 am Network Effects in Multi-Sided Platforms Catherine Tucker Massachusetts Institute of Technology Sloan School of Management 10:10-10:20 am Break 10:20-12:20 pm The Current Economic Understanding of Multi-Sided Platforms Participants: David S. Evans Katja Seim Global Economics Group University of Pennsylvania Wharton School Joseph Farrell University of California, Berkeley Howard Shelanski Department of Economics Georgetown University Law Center Davis Polk & Wardwell LLP Marc S. Rysman Boston University Catherine Tucker Department of Economics Massachusetts Institute of Technology Sloan School of Management Michael A. Salinger Boston University Questrom School of Business Moderator: John M. Yun George Mason University Antonin Scalia Law School 12:20-1:30 pm Lunch Break 2 | Page 1:30-3:00 pm Multi-Sided Platforms in Action Participants: Elizabeth J. Altman Steven Tadelis University of Massachusetts Lowell University of California, Berkeley Manning School of Business Haas School of Business Scott Kupor Ben Thompson Andreessen Horowitz Stratechery, LLC Roger McNamee Elevation Partners Moderator: Jan Rybnicek George Mason University Antonin Scalia Law School Freshfields Bruckhaus Deringer LLP 3:00-3:15 pm Break 3:15-5:00 pm Defining Relevant Markets and Establishing Market Power in Cases Involving Multi-Sided Platforms Participants: Tasneem Chipty Michael A. -
A Critique of the Digital Millenium Copyright Act's
THINKPIECE ACRITIQUE OF THE DIGITAL MILLENIUM COPYRIGHT ACT’S EXEMPTION ON ENCRYPTION RESEARCH: IS THE EXEMPTION TOO NARROW? VICKY KU I. INTRODUCTION.................................................................. 466 II. PART I: WHAT IS ENCRYPTION RESEARCH? ABRIEF HISTORY470 III. PART II: OVERVIEW OF SECTION 1201(A)(1) OF THE DMCA474 A. WHAT DOES IT SAY?.................................................... 474 B. WHAT WAS ITS INTENDED PURPOSE? .......................... 474 C. WHAT IS THE PURPOSE OF 1201(G)? ........................... 475 IV.PART III: IMPACT OF SECTION 1201(G) OF THE DMCA ON ENCRYPTION RESEARCH .................................................. 485 A. WHO IN THE ACADEMIC COMMUNITY HAS BEEN AFFECTED? .................................................................................. 485 V. PART IV: PROPOSED CHANGES TO THE DMCA.................. 488 VI.CONCLUSION ..................................................................... 489 Jointly reviewed and edited by Yale Journal of Law & Technology and International Journal of Communications Law & Policy. Author’s Note. 466 YALE JOURNAL OF LAW &TECHNOLOGY 2004-2005 ACRITIQUE OF THE DIGITAL MILLENIUM COPYRIGHT ACT’S EXEMPTION ON ENCRYPTION RESEARCH: IS THE EXEMPTION TOO NARROW? VICKY KU Section 1201(g) of the Digital Millennium Copyright Act (DMCA) is offered as an exemption for encryption research.1 However, the drafting of the exemption contradicts the purpose of copyright legislation under the terms of the Constitution, which is based upon the idea that the welfare -
Embargoed Until Delivered TESTIMONY of HOWARD
Embargoed Until Delivered EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 www.whitehouse.gov/omb TESTIMONY OF HOWARD SHELANSKI ADMINISTRATOR FOR THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS OFFICE OF MANAGEMENT AND BUDGET BEFORE THE HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM SUBCOMMITTEE ON HEALTH CARE, BENEFITS AND ADMINISTRATIVE RULES AND THE SUBCOMMITTEE ON GOVERNMENT OPERATIONS UNITED STATES HOUSE OF REPRESENTATIVES March 3, 2015 Chairman Jordan, Ranking Member Cartwright, Chairman Meadows, Ranking Member Connolly and members of the Subcommittees: Thank you for the invitation to appear before you today. I am pleased to have this opportunity to discuss the activities and priorities of the Office of Information and Regulatory Affairs (OIRA). As the Administrator of OIRA, it is my privilege to work with the skilled and dedicated OIRA staff, the first-rate leadership team at the Office of Management and Budget, and our excellent colleagues throughout the Government. We are all working to continue our Nation’s economic recovery and employment growth while protecting the health, safety, and welfare of Americans, now and into the future. OIRA has a broad portfolio that ranges from coordination of Government-wide information and statistical policy to review of Executive Branch regulations to international regulatory cooperation. For example, under the Paperwork Reduction Act, OIRA is responsible for reviewing collections of information by the Federal Government to ensure that they are not unnecessarily burdensome. OIRA also develops and oversees the implementation of Government-wide statistical standards and policies, facilitates efficient and effective data sharing, and provides guidance on privacy and confidentiality policy to Federal agencies. -
1 in the SUPERIOR COURT of FULTON COUNTY STATE of GEORGIA DONNA CURLING, an Individual; ) ) COALITION for GOOD ) GOVERNANC
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA DONNA CURLING, an individual; ) ) COALITION FOR GOOD ) GOVERNANCE, a non-profit corporation ) organized and existing under Colorado ) Law; ) ) DONNA PRICE, an individual; ) ) JEFFREY SCHOENBERG, an individual; ) ) LAURA DIGGES, an individual; ) ) WILLIAM DIGGES III, an individual; ) ) RICARDO DAVIS, an individual; ) ) Plaintiffs, ) ) v. ) CIVIL ACTION ) FILE NO.: 2017cv292233 BRIAN P. KEMP, in his individual ) capacity and his official capacity as ) Secretary of State of Georgia and ) Chair of the STATE ELECTION BOARD; ) DEMAND FOR ) JURY TRIAL DAVID J. WORLEY, REBECCA N. ) SULLIVAN, RALPH F. “RUSTY” ) SIMPSON, and SETH HARP, in their ) individual capacities and their official ) capacities as members of the STATE ) ELECTION BOARD; ) ) THE STATE ELECTION BOARD; ) ) RICHARD BARRON, in his individual ) capacity and his official capacity as ) 1 Director of the FULTON COUNTY ) BOARD OF REGISTRATION AND ) ELECTIONS; ) ) MARY CAROLE COONEY, VERNETTA ) NURIDDIN, DAVID J. BURGE, STAN ) MATARAZZO and AARON JOHNSON ) in their individual capacities and official ) capacities as members of the FULTON ) COUNTY BOARD OF REGISTRATION ) AND ELECTIONS; ) ) THE FULTON COUNTY BOARD OF ) REGISTRATION AND ELECTIONS; ) ) MAXINE DANIELS, in her individual ) capacity and her official capacity as ) Director of VOTER REGISTRATIONS ) AND ELECTIONS FOR DEKALB ) COUNTY; ) ) MICHAEL P. COVENY, ANTHONY ) LEWIS, LEONA PERRY, SAMUEL ) E. TILLMAN, and BAOKY N. VU ) in their individual capacities and official ) capacities as members of the DEKALB ) COUNTY BOARD OF REGISTRATIONS ) AND ELECTIONS; ) ) THE DEKALB COUNTY BOARD OF ) REGISTRATIONS AND ELECTIONS; ) ) JANINE EVELER, in her individual ) capacity and her official capacity as ) Director of the COBB COUNTY ) BOARD OF ELECTIONS AND ) REGISTRATION; ) ) PHIL DANIELL, FRED AIKEN, JOE ) PETTIT, JESSICA BROOKS, and ) 2 DARRYL O. -
The Anti-Circumvention Amendments to the Hong Kong Copyright Ordinance
Learning the Hard Way: The Anti-Circumvention Amendments to the Hong Kong Copyright Ordinance Robert S. Rogoyski* The 2007 Hong Kong Copyright Amendment Ordinance was passed as part of continuing efforts to balance the interests of copyright owners with the public benefits that flow from the use of copyrighted works. The anticircumvention provisions in the ordinance, closely modeled on the U.S. Digital Millennium Copyright Act (DMCA), create a complex new regime that regulates the circumvention of copy and access controls to copyrighted works, and contains a set of narrow exceptions for some scientific research. Both the specific text of the amendments, and U.S. experience with similar provisions in the DMCA give rise to serious concerns about the potential effects of this legislation. The anticircumvention amendments threaten fair dealing rights in Hong Kong because they unduly expand the power of copyright owners to control the actual use of their works, rendering fair dealing rights moot. Although the amendments provide exceptions for cryptography and security testing, the wording of the exceptions is problematic, and U.S. experience with very similar provisions in the DMCA shows that they will nevertheless chill legitimate research and harm consumers. I. INTRODUCTION ................................................................................... 36 II. THE CO ANTICIRCUMVENTION AMENDMENTS POSE A SERIOUS THREAT TO FAIR DEALING RIGHTS IN HONG KONG ............ 37 A. How Can This Be? ................................................................... -
1 Comment Of
Comment of: Edward W. Felten Professor of Computer Science and Public Affairs J. Alex Halderman Department of Computer Science 35 Olden Street Princeton, NJ 08544 Princeton University Represented by: Deirdre K. Mulligan Director Aaron Perzanowski Law Clinic Intern Samuelson Law, Technology & Public Policy Clinic Boalt Hall University of California 346 North Addition Berkeley, CA 94720-7200 Office of the General Counsel U.S. Copyright Office James Madison Memorial Building, Room LM-401 101 Independence Avenue, SE. Washington, DC 20559-6000 December 1, 2005 Re: RM 2005-11 – Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies I. Proposed Class Of Works We respectfully request an exemption to § 1201(A)(1)(a) for sound recordings and audiovisual works distributed in compact disc format and protected by technological measures that impede access to lawfully purchased works by creating or exploiting security vulnerabilities that compromise the security of personal computers. The creation of security vulnerabilities includes running or installing rootkits or other software code that jeopardize the security of a computer or the data it contains. The exploitation of security vulnerabilities includes running or installing software protection measures without conspicuous notice and explicit consent and failing to provide a permanent and complete method of uninstalling or disabling the technological measure. 1 II. Summary of Argument Technological measures protecting works distributed on Compact Discs have been found to pose unreasonable security risks to consumers’ personal computers, corporate and government networks and the information infrastructure as a whole. Vulnerabilities inherent in widely distributed CD protection measures create the potential for a frightening range of abuses. -
Law and Professor of Law
March 17, 2017 The Honorable Charles E. Grassley, Chairman Committee on the Judiciary United States Senate 224 Dirksen Senate Office Building Washington, D.C. 20510 The Honorable Dianne Feinstein, Ranking Member Committee on the Judiciary United States Senate 331 Hart Senate Office Building Washington, D.C. 20510 Dear Chairman Grassley and Ranking Member Feinstein: We are a group of law professors and legal scholars who write to urge the Senate to confirm Judge Neil M. Gorsuch as the next Associate Justice of the Supreme Court of the United States. We are a diverse group of scholars with a wide range of backgrounds, and we hold both liberal and conservative political views. We are united, however, in the belief that Judge Gorsuch will bring the highest judicial standards to the Court. Although we may not agree with each decision or vote he will cast, we all agree that Judge Gorsuch is eminently qualified to serve on the Court and that his jurisprudence is within the mainstream of contemporary legal thought. Taken together, these traits should ensure his confirmation. Judge Gorsuch’s credentials are first-rate. He holds an undergraduate degree from Columbia University, a law degree from Harvard University, and a doctorate in legal philosophy from Oxford University. His career has covered nearly every facet of the law. After law school, Judge Gorsuch served as a law clerk to Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit and Justices Byron White and Anthony Kennedy of the Supreme Court. For ten years, he worked at the firm Kellogg, Huber, Hansen, Todd, Evans & Figel as both a trial and appellate lawyer, ultimately becoming a partner there. -
Case 1:13-Cv-03994-WHP Document 26 Filed 08/26/13 Page 1 of 48
Case 1:13-cv-03994-WHP Document 26 Filed 08/26/13 Page 1 of 48 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AMERICAN CIVIL LIBERTIES UNION; AMERICAN CIVIL LIBERTIES UNION FOUNDATION; NEW YORK CIVIL LIBERTIES UNION; and NEW YORK CIVIL LIBERTIES UNION FOUNDATION, Plaintiffs, v. No. 13-cv-03994 (WHP) JAMES R. CLAPPER, in his official capacity as ECF CASE Director of National Intelligence; KEITH B. ALEXANDER, in his official capacity as Director of the National Security Agency and Chief of the Central Security Service; CHARLES T. HAGEL, in his official capacity as Secretary of Defense; ERIC H. HOLDER, in his official capacity as Attorney General of the United States; and ROBERT S. MUELLER III, in his official capacity as Director of the Federal Bureau of Investigation, Defendants. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION Case 1:13-cv-03994-WHP Document 26 Filed 08/26/13 Page 2 of 48 TABLE OF CONTENTS TABLE OF AUTHORITIES .......................................................................................................... ii Introduction ..................................................................................................................................... 1 Legal and Factual Background ....................................................................................................... 2 I. The Foreign Intelligence Surveillance Act ......................................................................... 2 II. The Mass Call-Tracking Program ...................................................................................... -
1 STATEMENT of HOWARD SHELANSKI Nominee to Serve As
STATEMENT OF HOWARD SHELANSKI Nominee to Serve As Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget UNITED STATES SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENT AFFAIRS June 12, 2013 Thank you Chairman Carper, Ranking Member Coburn, and Members of the Committee for welcoming me today. It is an honor to be considered by this committee as the President’s nominee to be Administrator of the Office of Information and Regulatory Affairs. I would like to start off this morning by thanking my family for their support in taking on this challenge. I am glad to have Nicole Soulanille, our son Isaac Shelanski, and my parents Vivien and Michael Shelanski here with me today. I also want to thank the Members of the Committee and their staffs for meeting with me over the last few weeks. I appreciate the time many of you took from your busy schedules and thank you for sharing your insights and views as I prepared for this hearing. For those of you I have not yet had the opportunity to meet, I look forward to doing so in the future. If confirmed, I look forward to working with you and maintaining open communications. I would welcome your perspectives on the matters with which OIRA is concerned. The Office of Information and Regulatory Affairs, often referred to as OIRA, plays an essential role in developing and overseeing the implementation of Government-wide policies on regulation, information collection, information quality and technology, statistical standards, scientific evidence, and privacy. I am humbled by my nomination to lead such an important organization. -
The Impossibility of Technology-Based Drm and a Modest Suggestion
040 BLACK 04 9/18/2006 4:32 PM THE IMPOSSIBILITY OF TECHNOLOGY-BASED DRM AND A MODEST SUGGESTION JOHN BLACK∗ INTRODUCTION When I was a teenager in the late 1970’s, there was no World-Wide Web, no Internet, and no IBM PC. But I, along with a small group of friends, became obsessed with computers: the TRS-80 and the Apple were the targets of our passion. Each time a new computer game was announced, we awaited its release with great anticipation: not because we wanted to kill the dragon or get to level 37, but because we wanted to see how hard it was this time to remove the copy protection from the software. In those early days of personal computing, game manufacturers made perhaps one million dollars per year, and there were only a handful of companies. Few had ever heard of Microsoft, and there were no such things as CD burners or high-speed networks. So trying to control illegal copying (or “pirating” as it was already called back then) was a concern limited to just a few small companies. Today there are software companies with tens of billions of dollars in gross revenues, each with a strong vested interest in overseeing the legal distribution of their products. Additionally, media companies (in particular, music and film producers and distributors) continue their fight to control illegal distribution of their content, especially now in the presence of the $50 CD burner. To address these problems, media companies have turned to technology such as Digital Rights Management (DRM) to prevent copying and enforce protection of copyright. -
ICN Unilateral Conduct Working Group
1 ICN Unilateral Conduct Working Group TELESEMINAR ON REMEDIES IN UNILATERAL CONDUCT CASES 11 MARCH 2010 Introductory Remarks by Operator 2 y Welcome by Operator y Panelists and Participants please note: { Audience will be muted during most parts of the teleseminar call („Audience Call“) { Audience will be be unmuted during Q&A { Teleseminar will be recorded y Operator will then turn over to UCWG Co-host Markus Lange (Bundeskartellamt, Germany) Welcome by UCWG Co-Chair Markus Lange 3 y ICN teleseminars have proven to be effective instruments to provide a forum for the sharing of experience and the fostering of consensus. y Today’s seminar is the second teleseminar held by the ICN Unilateral Conduct Working Group. The first seminar on Excessive Pricing was very well received and more than 150 participants joined. A recording is posted on the ICN website. y This seminar aims to promote the understanding of remedies in unilateral conduct cases. y The slides prepared will lead you through the seminar. They can be downloaded from the ICN website. Those of you that have registered in advance can also follow along by going on the link provided to you along with the confirmation. y The agenda for today’s teleseminar is as follows: Teleseminar Agenda 4 y I. Introduction by co-host Randy Tritell (U.S. Federal Trade Commission) y II. Presentation of Principles and Issues to Consider in Crafting Remedies by Howard Shelanski (U.S. Federal Trade Commission) y III. Panel Discussion of Hypothetical 1 y IV. Q & A with Audience regarding Hypothetical 1 y V. -
2016-03-15 Howard Shelanski OMB Testimony
EMBARGOED UNTIL DELIVERED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 www.whitehouse.gov/omb TESTIMONY OF HOWARD SHELANSKI ADMINISTRATOR FOR THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS OFFICE OF MANAGEMENT AND BUDGET BEFORE THE HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM SUBCOMMITTEE ON GOVERNMENT OPERATIONS UNITED STATES HOUSE OF REPRESENTATIVES March 15, 2016 Chairman Meadows, Ranking Member Connolly, and members of the Subcommittee: Thank you for the invitation to appear before you today. I am pleased to have this opportunity to discuss the role that the Office of Information and Regulatory Affairs (OIRA) plays in the transparency and accountability of the federal regulatory process. As the Administrator of OIRA, it is my privilege to work with the dedicated OIRA staff, the first-rate leadership team at the Office of Management and Budget (OMB), and our excellent colleagues throughout the Government. We are all working to promote economic growth and job creation while protecting the health, safety, and welfare of Americans, now and into the future. OIRA has a broad portfolio, but the largest area of OIRA’s work is the review of regulations promulgated by Executive Branch departments and agencies. A set of Executive Orders (E.O.s)—most significantly E.O. 12866 and E.O. 13563—provides the principles and procedures for OIRA’s regulatory reviews. Regulatory process in the United States is premised to an unrivaled degree on two principles: transparency and accountability. One of my priorities as OIRA Administrator has been to increase the transparency of the regulatory process by improving notice and predictability for the 1 public.