BIOGRAPHY for DAVID G. POST David Post Is Currently an Associate

Total Page：16

File Type：pdf, Size：1020Kb

BIOGRAPHY FOR DAVID G. POST David Post is currently an Associate Professor of Law at Temple University Law School, where he teaches intellectual property law and the law of cyberspace, and a Senior Fellow at the National Center for Technology and Law at George Mason University. He is also the Co-Founder and Co-Director of the Cyberspace Law Institute <http://www.cli.org>,Co-Editor of ICANN Watch <http://www.icannwatch.org>, and Co-Founder and Co-Director of Disputes.org <http://www.disputes.org>. Trained originally as a physical anthropologist, Professor Post spent two years studying the feeding ecology of yellow baboons in Kenya's Amboseli National Park, and he taught at the Columbia University Department of Anthropology from 1976 through 1981. He then attended Georgetown Law Center, from which he graduated summa cum laude in 1986. After clerking with then-Judge Ruth Bader Ginsburg on the DC Circuit Court of Appeals, he spent 6 years at the Washington D.C. law firm of Wilmer, Cutler & Pickering, practicing in the areas of intellectual property law and high technology commercial transactions. He then clerked again for Justice Ginsburg during her first term at the Supreme Court of the United States before joining the faculty of, first, the Georgetown University Law Center (1994 1997) and then the Temple University Law School (1997 – present). Professor Post’s articles on intellectual property, the law of cyberspace, and the application of complexity theory to Internet legal questions, have appeared in the Stanford Law Review, the Journal of Legal Studies, Esther Dyson=s Release 1.0, the Journal of Online Law, the University of Chicago Legal Forum, the Vanderbilt Law Review, the Georgetown Law Journal, and numerous other publications. For four years (1994 - 1998) he wrote a monthly column on law and technology (APlugging In@) for the American Lawyer. He has appeared as a commentator on the law of cyberspace on such programs as the Lehrer News Hour, Morning Edition, PBS= ALife on the Internet@ series, NPR’s All Things Considered and MarketPlace, and Court TV=s Supreme Court Preview. During 1996-1997 he conducted, along with two colleagues (Professors Larry Lessig and Eugene Volokh) the first Internet-wide e-mail course on ACyberspace Law for Non-Lawyers@ <http://www.ssrn.com/update/lsn/cyberspace/csl_lessons.html> which attracted over 20,000 subscribers. He also plays guitar, piano, banjo, and harmonica in the band ABad Dog@ <http://www.mp3.com/BadDog1999/>. Professor Post=s writings can be accessed online at <http://www.davidpost.com>..

Copy Link

Recommended publications

Toward a Broadband Public Interest Standard
University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2009 Toward a Broadband Public Interest Standard Anthony E. Varona University of Miami School of Law Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Communications Law Commons, and the Law and Society Commons Recommended Citation Anthony E. Varona, Toward a Broadband Public Interest Standard, 61 Admin. L. Rev. 1 (2009). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2009 Toward a Broadband Public Interest Standard Anthony E. Varona Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Communications Law Commons, and the Law and Society Commons ARTICLES TOWARD A BROADBAND PUBLIC INTEREST STANDARD ANTHONY E. VARONA* TABLE OF CONTENTS Introduction ............................................................................................. 3 1. The Broadcast Public Interest Standard ............................................ 11 A. Statutory and Regulatory Foundations ...................................... 11 B. Defining "Public Interest" in Broadcasting .......................... 12 1. 1930s Through 1960s-Proactive Regulation "to Promote and Realize the Vast Potentialities" of B roadcasting .................................................................. 14 a. Attempts at Specific Requirements: The "Blue Book" and the 1960 Programming Statement ........... 16 b. More Specification, the Fairness Doctrine, and Noncommercial Broadcasting ................................... 18 c. Red Lion BroadcastingCo.
[Show full text]
What Larry Doesn't Get: a Libertarian Response to Lessig's Code And
What Larry Doesn’t Get: A Libertarian Response to Lessig’s Code and Other Laws of Cyberspace Independent Institute Working Paper #21 David Post February 2000 What Larry Doesn't Get: A Libertarian Response to Code, and Other Laws of Cyberspace Version Dated January 5, 2000 David G. Post1 As I was preparing this essay and organizing my thoughts about Lawrence Lessig's Code and Other Laws of Cyberspace,2 I was asked to speak at a panel discussion about the problem of unwanted and unsolicited e-mail ("spam") at Prof. Lessig's home institution, Harvard Law School's Berkman Center for Internet and Society.3 The discussion focussed on one particular anti-spam institution, the "Mail Abuse Prevention System" (MAPS); Paul Vixie, the developer and leader of MAPS, was also a participant at this event. MAPS attacks the problem of spam by coordinating a kind of group boycott by Internet service providers (ISPs). It operates, roughly, as follows.4 The managers of MAPS create a list -- the "Realtime Blackhole List" (RBL) -- of ISPs who are, in their view, fostering the distribution of spam. MAPS has its own definition of "fostering the distribution of spam"; it means, for example, providing "spam support services" (e.g., hosting web pages that are listed as destination addresses in bulk emails, providing e-mail forwarders or auto-responders that can be used by bulk emailers), or allowing "open- 1Associate Professor of Law, Temple University Beasley School of Law; [email protected]. Many thanks to Dawn Nunziato and David Johnson for illuminating conversations about earlier drafts of this essay, to Bill Scheinler for his always-helpful research assistance, and to Larry Lessig, for sharing his thoughts on these matters (as well as a searchable electronic version of an early draft of his manuscript) with me.
[Show full text]
In Re IMPEACHMENT of PRESIDENT DONALD J. TRUMP
IN THE SENATE OF THE UNITED STATES Sitting as a Court of Impeachment In re IMPEACHMENT OF PRESIDENT DONALD J. TRUMP TRIAL MEMORANDUM OF THE UNITED STATES HOUSE OF REPRESENTATIVES IN THE IMPEACHMENT TRIAL OF PRESIDENT DONALD J. TRUMP United States House of Representatives Jamie Raskin Diana DeGette David Cicilline Joaquin Castro Eric Swalwell Ted Lieu Stacey Plaskett Madeleine Dean Joe Neguse U.S. House of Representatives Managers TABLE OF CONTENTS INTRODUCTION ............................................................................................................................................ 1 STATEMENT OF FACTS ............................................................................................................................... 5 A. President Trump Refuses to Accept the Results of the 2020 Election ................................ 5 B. President Trump Encourages His Followers to Come to Washington on January 6, 2021 and “Fight” to Overturn the Election Results ............................................................. 12 C. Vice President Pence Refuses to Overturn the Election Results ....................................... 18 D. President Trump Incites Insurrectionists to Attack the Capitol ........................................ 20 E. Insurrectionists Incited by President Trump Attack the Capitol ....................................... 22 F. President Trump’s Dereliction of Duty During the Attack ................................................ 29 G. The House Approves An Article of Impeachment with Bipartisan Support
[Show full text]
Institutional Fracture in Intellectual Property Law: the Supreme Court Versus Congress
Article Institutional Fracture in Intellectual Property Law: The Supreme Court Versus Congress Gregory N. Mandel† Introduction .............................................................................. 804 I. Supreme Court and Congressional Intellectual Property Activity ................................................................................ 807 A. Supreme Court Decisions ............................................ 809 1. The Patent Cases ................................................... 811 2. The Trademark Cases ........................................... 818 3. The Copyright Cases ............................................. 820 B. Congress ....................................................................... 823 1. Trademark Legislation ......................................... 825 2. Copyright Legislation ............................................ 827 3. Trade Secret Legislation ....................................... 828 4. Patent Legislation ................................................. 829 II. Intellectual Property Influences ....................................... 833 A. Congressional Influences ............................................ 833 1. Public Choice ......................................................... 834 2. Intellectual Property Subfields ............................ 839 B. Supreme Court Influences .......................................... 841 1. Legal Reasoning .................................................... 843 2. Justice Ideology ....................................................
[Show full text]
View Publishing
KNOWLEDGE, CULTURAL PRODUCTION, AND CONSTRUCTION OF THE LAW: AN IDEOGRAPHIC RHETORICAL CRITICISM OF <COPYRIGHT>. Suzanne V. L. Berg A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 2013 Committee: Michael L. Butterworth, Advisor Kristen Rudsill Graduate Faculty Representative Victoria Smith Ekstrand Joshua D. Atkinson ii ABSTRACT Michael L. Butterworth, Advisor Copyright is in theory a neutral legal instrument, but in practice copyright functions as an ideological tool. The value of creative content in culture vacillates between the rhetorical poles of progress and profit within copyright law. This study is an ideographic rhetorical critique of <copyright>. Ideographs are rhetorical containers of ideology that publics use to define various aspects of culture. Some ideographs are contained within the dialogue of a topic. I argue five terms that make up the ideographic grammar of <copyright>: public domain, fair use, authorship, ownership, and piracy. The public domain is the space where <copyrighted> material enters when the term of protection expires. The public domain expresses the ideology that creative material belongs to the people who consume content. Fair use is the free speech exception to copyright law that allows for certain types of infringement. Fair Use is the ideology in which the use of creative work belonging to others must be fairly represented. Authorship is how an author creates content and how an audience consumes it. Authorship is an ideology focused on progress towards the process of creating content as motivated by an author. The question at the center of authorship is who controls content: the author or the public.
[Show full text]
Governing Cyberspace: Law David G
Santa Clara High Technology Law Journal Volume 24 | Issue 4 Article 5 2008 Governing Cyberspace: Law David G. Post Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation David G. Post, Governing Cyberspace: Law, 24 Santa Clara High Tech. L.J. 883 (2007). Available at: http://digitalcommons.law.scu.edu/chtlj/vol24/iss4/5 This Symposium is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. GOVERNING CYBERSPACE: LAW David G. Post Abstract As explained in the "Note to the Reader," this article is excerpted from Professor Post's forthcoming book, In Search of Jefferson's Moose: Notes on the State of Cyberspace (Oxford University Press, 2008). t David G. Post is the 1. Herman Stem Professor of Law at the Temple University Beasley School of Law, where he teaches intellectual property law and the law of cyberspace. He is also a Fellow at the Institute for Information Law and Policy at New York Law School, an Adjunct Scholar at the Cato Institute, and a regular contributor to the Volokh Conspiracy blog. See http://www.davidpost.com. He can be reached at [email protected]. 884 SANTA CLARA COMPUTER & HIGH TECH. L.J. [Vol. 24 We hold these truths to be self-evident, that .... governments are instituted among men, deriving their just powers from the consent of the governed...
[Show full text]
The Supreme Court's Noble
The Supreme Court’s Noble Lie Jason Iuliano* Is it ever acceptable for judges to lie to the American public? The Supreme Court believes that it is. In fact, for the better part of a century, the Justices have been propagating a lie that cuts to the very heart of judicial decision making. In public, the Justices profess strict adherence to legal formalism, but in private, they acknowledge that realist considerations influence many of their rulings. In this Article, I highlight this inconsistency and examine the Supreme Court’s reasons for perpetuating its public lie. I argue that the Justices are pursuing a strategy that has been in use since the time of Ancient Greece. Specifically, they are telling a “noble lie” to cultivate judicial legitimacy. Drawing upon work in democratic and legal theory, I maintain that this strategy is incompatible with the U.S. constitutional system. If the Justices are truly concerned with preserving judicial legitimacy, they should abandon the noble lie and begin an honest dialogue with the American people. TABLE OF CONTENTS INTRODUCTION ................................................................................... 913 I. FORMALISM AND REALISM ......................................................... 919 A. The Public Lie .................................................................... 920 1. Extreme Legal Formalism .......................................... 921 2. Extreme Legal Realism ............................................... 936 B. The Private Truth .............................................................
[Show full text]
Professor David G. Post David Post Is Currently the I. Herman Stern
Professor David G. Post David Post is currently the I. Herman Stern Professor of Law at the Beasley School of Law at Temple University, where he teaches intellectual property law and the law of cyberspace. He is also a Fellow at the Center for Democracy and Technology, a Fellow of the Institute for Information Law and Policy at New York Law School, an Adjunct Scholar at the Cato Institute, and a contributor to influential theVolokh Conspiracy blog. Professor Post is the author of In Search of Jefferson’s Moose: Notes on the State of Cyberspace (Oxford, 2009) (see http://jeffersonsmoose.org), a Jeffersonian view of Internet law and policy. a Green Bag Honoree for “Exemplary Legal Writing – 2009,” and variously described as “beautifully written [and] astonishing” (Lawrence Lessig), “brilliant, and a joy to read” (Jonathan Zittrain), and “an authentic work of genius, conceived and written in the finest Jeffersonian spirit” (Sean Wilentz). He is also co•author of Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (West, 2007) (with Paul Schiff Berman and Patricia Bellia), and numerous scholarly articles on intellectual property, the law of cyberspace, and complexity theory. He has been a regular columnist for the American Lawyer and InformationWeek, a commentator on the Lehrer News Hour, Court TV’s Supreme Court Preview, NPR’s All Things Considered, BBC’s World, and recently was featured in the PBS documentary The Supreme Court. After receiving a Ph.D. in physical anthropology, he taught in the Anthropology Department at Columbia University before attending Georgetown Law Center, from which he graduated summa cum laude in 1986.
[Show full text]
Counsel for the Situation in September 2009, and from Eli Lilly & Company in January 2009
30858 Temple:ESQ_Sept06/f 6/3/11 9:19 AM Page 1 TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW • LAW SCHOOL AND ALUMNI NEWS • SUMMER 2011 ‘SAINTS AND EVIL- DOERS’ TOPIC OF LITIGATION LECTURE MARCH 17, 2011 “Saints and Evil-Doers” is the title Stephen A. Sheller chose for his remarks at the annual Edward J. Ross Memorial Lecture in Litigation. Sheller says he has encountered them both on a regular basis in his wide ranging career as a litigator. Sheller is the founding partner of Sheller, PC, a plaintiff-side personal injury, class action and whistleblower/qui tam law firm based in Philadelphia. Sheller has been at the forefront of many national lawsuits, representing pharmaceutical whistleblowers and recovering more than $4.2 billion for the U.S. government from AstraZeneca in April 2010, from Pfizer Inc. Counsel for the Situation in September 2009, and from Eli Lilly & Company in January 2009. ‘The times they were a’changing,’ says Green lecturer William T. Coleman Jr. Sheller also represents clients who have been injured by defective drugs. His represen- tation of children harmed by antipsychotic APRIL 4, 2011 As drugs was profiled on the CBS Evening News an American of with Katie Couric. He also remains active in color in the 1940s, numerous class action and individual cases THE HONORABLE CLIFFORD Philadelphia native against the nation’s largest tobacco companies, SCOTT GREEN LECTURESHIP William T. Coleman including Philip Morris, R.J. Reynolds and Brown & Williamson, based on their marketing The lectureship was founded in Jr. faced daunting 2003 in recognition of Judge barriers.
[Show full text]
Cyberlibertarian Dreams: Producing Privilege and Power in Journalistic Discourses of the Internet
CYBERLIBERTARIAN DREAMS: PRODUCING PRIVILEGE AND POWER IN JOURNALISTIC DISCOURSES OF THE INTERNET A Dissertation Submitted to The Temple University Graduate Board In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY by Michael Buozis May 2020 Examining Committee Members: Brian Creech, Advisory Chair, Media and Communication Fabienne Darling-Wolf, Media and Communication Devon Powers, Media and Communication Sean Phelan, Massey University, New Zealand ABSTRACT Since the 1990s, when the Internet emerged as a focus of popular discourse, through the early 21st century as the Internet became a dominant communication technology, cyberlibertarianism—a combination of absolutist free speech and free market ideals—has shaped popular conceptions of what freedom means on the Internet. Journalism has served to reify these values over the last three decades, adopting cyberlibertarian precepts as common sense in debates about issues such as government regulation, the privatization of cyberspace, and the moderation of content on platforms. This dissertation develops a critical genealogy of cyberlibertarianism revealing how this ideology helped perpetuate the very forms of power and privilege—based on race, gender, and class—it promised the Internet would erase. Through discourse analysis of popular and tech journalism over the last three decades, this dissertation first explores how journalists used two public figures to make common sense of cyberlibertarian ideals in their respective historical contexts: John Perry Barlow in the 1990s and early-2000s and Aaron Swartz in the 2000s and early-2010s. Shifting to a contemporary context, this dissertation then explores how journalists have relied on cyberlibertarian ideals to make sense of tensions between free speech and hate speech and harassment online and of the increasing power tech corporations exert over the public regulation of speech.
[Show full text]
The “IANA Transition” and Why It Matters for the Future of the Internet, Part I
OPEN TECHNOLOGY INSTITUTE DAVID G. POST AND DANIELLE KEHL ControllingAUTHOR ONE, AUTHOR TWO, & AUTHOR THREE InternetThe Cost of InfrastructureConnectivity 2014The “IANA Transition” and Why It Matters for the Future of the Internet, Part I OPEN TECHNOLOGY INSTITUTE | @NEWAMERICA@OTI | @NEWAMERICA | OCTOBER | 23, APRIL 2014 2015 OPEN TECHNOLOGY INSTITUTE | CONTROLLING INTERNET INFRASTRUCTURE ii ABOUT THE AUTHORS David G. Post is a Senior Fellow at New America’s Open Technology Institute. Until his retirement in Fall 2014, Post was the I. Herman Stern Professor of Law at the Temple University Law School, where he taught intellectual property law, copyright, and the law of cyberspace. He is the author of In Search of Jefferson’s Moose: Notes on the State of Cyberspace, the (co)- author of Cyberlaw:Problems of Policy and Jurisprudence in the Information Age, and has published numerous scholarly articles on intellectual property law, the law of cyberspace, and complexity theory. Post also holds a Ph.D. in physical anthropology, has published widely in the area of animal behavior and evolutionary biology, practiced high technology transactions law at the Washington DC law firm of Wilmer, Cutler & Pickering, and clerked for Justice Ruth Bader Ginsburg at the Supreme Court and the DC Circuit Court of Appeals. Danielle Kehl is a Senior Policy Analyst at New America’s Open Technology Institute. She leads OTI’s work on Internet governance and Internet freedom-related issues, and has also written on a wide range of technology topics including encryption policy, NSA surveillance, net neutrality, universal service, and U.S. export controls and sanctions. In 2014, she served as an advisor on Internet-related issues for the U.S.
[Show full text]
The Internet Is a Semicommons
Cornell University Law School Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship 5-2010 The nI ternet is a Semicommons James Grimmelmann Cornell Law School, [email protected] Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Computer Law Commons Recommended Citation Grimmelmann, James, "The nI ternet is a Semicommons," 78 Fordham Law Review 2799 (2010) This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. THE INTERNET IS A SEMICOMMONS James Grimmelmann* I. INTRODUCTION As my contribution to this Symposium on David Post's In Search of Jefferson's Moose and Jonathan Zittrain's The Future of the Internet,2 I'd like to take up a question with which both books are obsessed: what makes the Internet work? Post's answer is that the Internet is uniquely Jeffersonian; it embodies a civic ideal of bottom-up democracy 3 and an intellectual ideal of generous curiosity.4 Zittrain's answer is that the Internet is uniquely generative; it enables its users to experiment with new uses and then share their innovations with each other. 5 Both books tell a story about how the combination of individual freedom and a cooperative ethos have driven the Internet's astonishing growth. In that spirit, I'd like to suggest a third reason that the Internet works: it gets the property boundaries right.
[Show full text]