INFO 1200 Fi

Innovation at AT&T

-AT&T Bell Labs was inventing things like fax machines in early 20th c. -execs were not on board; inventions had to be taken elsewhere to flourish

Import/Export (Copyright)

-registering copyright establishes record w/ US Customs and Border protection -US will not import infringing copies

Network Effects

Value of a product/system/service increases with each additional user. For example, when more of my friends use a telephone, the telephone service becomes more valuable. Once many users join a platform/network, they are more unlikely to switch to another service because they will lose the value of the large user base they are currently in. This is one of the reasons AT&T become a monopoly; when so many people were using the AT&T telephone network, it was much better/easier for users to have AT&T services than other companies.

Foreign Intelligence Surveillance Act (1978)

- Establishes rules and procedures governing collection of foreign intelligence within US. - Establishes Foreign Intelligence Surveillance Court (FISC) which meets in secret and reviews applications for FISA surveillance warrants - not "probable cause" of suspicion of criminal wrong-doing, but "probable cause" that the party is an "agent of a foreign power" - It was originally written in 1978 and later updated in response to 9/11 by the 2001 Patriot Act to include surveillance of terrorists who are not directly affiliated with a government. Since then, it has been amended three more times President Bush in 2006, 2007, and 2008. Amended once under President Obama in 2015. - but also: protection of communication service providers sharing information with warrantless FISA investigations (pre-empting claims in Hepting and other suits)

machine learning bias

-ML algorithims learn from data inputs and learn human biases -can effect the way different groups of people interact w/ tech -ex. paper towel machine that doesn't recognize black man's hand

A&M Records v Napster (2001)

-Napster found guilty of infringement of DCMA -knew users were illegally sharing files, did nothing to stop it Copyright lawsuit against Napster. Napster held guilty because NOT fair use and NOT safe harbor despite substantial non-infringing use 1st case that brought copyright issues to P2P sharing Napster allows users to make mp3 files and transfer them. A&M Records claims Napster didn't prevent copyright infringement enough. Napster says its their users violating copyright, not Napster. Court finds Napster guilty of contributory infringement and vicarious infringement. IMPORTANT: Youtube was not MADE for infringement, whereas Grokster and Napster were.

public trustee model

-TV licensees required broadcasters to operate as if they were owned by public -Congress and FCC gave standards -TV treated as public good; non-rivalrous and non-excludable

Broadcom-Qualcomm (2018)

-Trump admin blocked merger for "national security" reasons -feared that foreign Broadcom would control 5G wireless broadband, give advantage to China Broadcom and Qualcom are major computer chip manufacturers. Broadcom (Chinese) wants to takeover Qualcomm (American). Blocked by Trump administration on grounds of COMPETITION and NATIONAL SECURITY. Fears of foreign ownership & decline of American leadership in 5G chip production. -$142 billion takeover bid by Broadcom blocked by Trump administration on competition and national security grounds -Fears of foreign ownership / decline of American leadership in 5G chip production

Matal v Tams (the "Slants" 2017)

-USPTO rejected Asian band's app for name "The Slants" on grounds that it's racially insensitive to Asians -Court in favor of Tams -must protect speech we hate

VA v. Black

-VA statute banned cross-burning bc KKK history -court ruled statute unconstitutional bc cross burning allowed so long as it's not meant to intimidate -could be considered "message of shared ideology"

Snyder v. Phelps, 2011

-Westboro Baptist pickets funeral of Albert Snyder's son. -SCOTUS rules in favor of WBC --> speech on public property, focused on public concern, therefore protected

Interoperability; non-discriminatory roaming

-ability for different technological systems to exchange data and information -non-discrim. roaming: roaming that is not biased

Sullivan v. NYTimes(1964)

-actual malice standard in reporting -SCOTUS ruled in favor of NYT; publishers can't be held liable for minor errors in reporting unless acting in reckless disregard or "actual malice" The court in favor of NYT, which was accused by the plaintiff for its erroneous report. The court applied "actual malice" standard to reporting on public figures. 9-0 Supreme Court ruling in favor of NYT, "actual malice" standard applied to reporting on public figures

Treble damages

-after jury determines damages owed to plaintiff, court awards 3x -incentivize individuals who sue in harmful situations and deter people from engaging in harmful practices

MGM v Grokster (2005)

-architectural change from Napster, as in, it did not "technically" know users were using site to illegally share files -but advertised that it could be used for that -found guilty of infringement on grounds of INTENT Despite substantial non-infringing uses and architectural change from Napster, Grokster was found to have encouraged (viacarious infringment) copyright infringement among its customers. Grokster allowed users to send each other files without going thru centralized server. Files were copyrighted. Court: 1) Grokster created software that allowed for copyright infringement and 2) Grokster encouraged copyright infringement IMPORTANT: Youtube was not MADE for infringment, wheresa Grokster and Napster were

Digital Millennium Copyright Act (1998)

-brought US in line w/ World Intellectual Property Organization provisions -established "safe harbor" for ISPs and sites -created method of DMCA takedown notices Brings US law into alignment with WIPO provisions 'safe harbor' provision for ISP/sights (1) 'anti-circumvention' provisions (2) 1- The Safe Harbor clause within the DMCA essentially protects ISPs/content websites from liability and responsibility for the actions of the individual users uploading content if the website in question has no way of being able to prove they can discern illegal form legal content. (OCILLA). OSP/ISP must have process for trying to catch and prohibit illegal use in store. 2- It is illegal (on the face of it) to violate or 'go around' technical protection measures in order to use the digital good in a way in which the rights holders don't want the good to be used. The act of disabling an encoding system is illegal. ex. DVDs: forces consumer to purchase content scrambling system (encryption system) with the DVD

Combinatorial innovation

-combining new discoveries and progress from diverse fields to create something new -argument to why patents should have limits, indefinite patent on certain tech hinders ability to combine

Hush-a-Phone & Carterfone

-cup like device that reduced sound of wind on telephones -FCC agrees w/ AT&T and disallows 3rd parties from changing phones -later overturned by Carterfone -Carterfone case opened door for 3rd party additions like answering machines

information asymmetries

-decision making where one party has far ore information than the other -seen w/ businesses like FB or Google that have more access to information than their customers A market failure in which one party in a transaction possesses more knowledge than the other, leading to unfair market practices such as overselling. An example of this is that in the telecommunications industry consumers are not aware of the variable costs paid by service providers, and as a result are not aware of what a "fair" price to pay for service would be. As a result, providers are able to overcharge consumers, creating a need for information disclosures to improve consumer welfare.

types of patents

-design - good when main use of product is its appearance -utility - protect functionality of new product; do not protect ornamental features -plant

NARA vs. Favish (2004)

-family members of a dead person said the government can't disclose pictures of the body under an exemption to the federal Freedom of Information Act -Court ruled that the exemption requires protecting ""in the proper degree, the personal privacy interest of citizens against the uncontrolled release of information compiled through the power of the state." -Person requesting info must show that public interest sought to be advanced significantly with the information

Type 1 vs. Type 2 thinking

-fast, intuitive, unconscious thinking -connected to implicit biases v -thinking that is slower, calculated and conscious -used when reflecting and evaluating things

must carry rules

-govt required that cable carry local tv stations -created to ensure local tv didn't lose market share -ruled unconstitutional later

Exclusionary Effects

-individual excluded D2 gender or race -Silicon Valley diversity problem

planned obsolescence

-manufacturd goods designed to fail or be replaced in short amount of time -frequent (unnecessary) changes to design; discontinuing support -ex. new iPhone every few month the intentional shortening or acceleration of product life cycles, through design/marketing, to encourage more rapid turnover and replacement Producing goods that rapidly become obsolete or require replacing. EX: lightbulbs used to last much longer, now made not to. Ppl thought apple slowed products, apple says they slowed products to lengthen battery life when technologies become obsolete so that consumers can buy the newer version Invention of the early-mid 20th century, invented by GM. When the auto industry exploded, they started to encounter a problem: what happened when you sold all your cars? They made them too good, so they didn't break —> no way to make them money Model T available in every color "as long as it's black." GM: change the way people think about buying a car; make it seem like they're different every year. Principle of P.O. is the shortening of product life cycles through marketing and design

speech intermediaries

-middlemen responsible for maintaining users' rights to free speech -ex. Facebook

patent application process

-nature of invention -prior art -technique; must be novel and understandable to "person having ordinary skill in the art" (PHOSITA) -must be new, useful, and non-obvious

patent thickets

-overlapping IP rights require licensing deals w/ multiple sources -inventors have to "cut" through the "thicket" in order to commercialize new technology numerous, dense, vague, and overlapping patents that 'crowd' a space, making it difficult to do anything new without violating someone's intellectual property When there are many unclear/vague similar patents which overlap and overcrowds certain areas. Makes it really hard to do anything innovative in those areas without violating at least one patent.

TC Heartland v. Kraft (Supreme Court)

-patent owners can sue corporations only in districts where the defendant is incorporated or has committed acts of infringement -ends practice of shopping for courts, like one in Marshall, TX

PHOSITA

-person having ordinary skill in the art -standard for which patents claims are accepted

Regulatory capture (Court of Appeals for the Federal Circuit)

-regulatory agency is controlled by industry its meant to regulate; industry effectively regulates itself -DC Circuit writes most policies surrounding tech disputes bc cases often brought to them; businesses choose area that would be most sympathetic to them in a patent hearing a form of political failure that occurs when a regulatory agency, created to act in the public interest, instead advances the commercial or political concerns of special interest group that dominate the industry or sector it is charged with regulating. Due to serious information asymmetry, AT&T could benefit from regulatory capture.' A government failure that occurs when a regulatory agency (FCC) created to serve in public interest, instead advances private interest (AT&T) companies that dominate field in which govt regulates.

Universal v Sony

-ruled recording TV shows for personal use is not copyright infringement; falls under fair use -time-shifting: record something for purpose of viewing it later

broadband transparency

-service providers giving more information to public regarding their services, particularly data speed and bandwidth

path dependency

-where tech goes decided on how it started; tech gets locked into early forms and becomes hard to change -ex. QWERTY keyboard In general, path dependency means that the initial stages of a development determine the later stages. In technological context, it can be interpreted as that once a technology is widely adapted by the public, it is hard to change it. (eg. QWERTY keyboard) once set on technological path, there are forces to keep us on that path even if it is no the best path. EX: QWERTY isn't ideal cause not in alphabetical order, but people got used to it expresses a principle that once you're set on a certain track, you tend to stay there, even if it's suboptimal

VIACOM v Youtube (2007)

-youtube protected under safe harbor provision; evidence of clearly infringing material -YT agrees to enhance its detection mechanism Copyright lawsuit against YouTube. YouTube protected under safe harbor provision. Despite copyright infringement on Youtube, Youtube was protected under Safe Harbor bc they had a system to identify videos with copyrighted material. Youtube agreed to create detector to detect videos with copyrighted music in the background. IMPORTANT: Youtube was not MADE for infringment, whereas Napster and Grokster were

Four sources of privacy law

1) Common (tort; precedents set by famous court cases) 2) Statutory (privacy act, FERPA) 3) Contract (terms of service, end user license agreements) 4) Constitutional (1st, 4th, 5th Amendments

Foundation of Ethics

1. Virtue ethics- Aristotle: act that uphold moral virtues and development of the actor 2. Consequentialism- acts justified by the consequences (Bentham)- greatest good for the greatest number 3. Deontological (kant)- rightest inheres in the act and not the outcome

'Safe Harbor' Provisions

A key provision provided under the Digital Millennium Copyright Act (1998) for ISPs/sites whose users post and share infringing materials, and also brought US Copyright Law in alignment with World Intellectual Property Organization provisions. Users are not necessarily liable for infringing material. These provisions basically say that even if the users of an ISP or a web site violate copyright, if the ISP or site has taken due effort to protect copyright and has met certain requirements, it and its users are exempt from the responsibility. These were used in: - A&M Records vs. Napster (2001) to state that Napster did not fall under the safe harbor provision due to contributory and vicarious infringement of users. - result of Viacom vs. YouTube (2007) case which protected Youtube under the Safe Harbor Provision despite evidence of infringing material on their platform.

Earned/ Natural Monopolies

A naturally occurring monopoly due to: - high barriers to entrance - significant switching costs - significant network effects - economies of scale (a proportionate saving in costs gained by an increased level of production. ) - high fixed costs. Most countries nationalize natural monopolies; the US chooses to regulate them.

Hush- a -phone

A plastic piece that was attached to the phone in order to reduce ambient noise, and ATT stated that this was an infringement upon their product and that they would not be able to assure the quality of the network if the hush-a-phone was implemented. AT&T's prohibition of the device was not "just, fair, and reasonable," as required under the Communications Act of 1934. Led to increased terminal markets and the breakup of the Bell system.

cross subsidy

AT&T achieved universal service through cross-subsidies by overcharing where it was cheap to service and undercharging where it was expensive: Overcharged urban, undercharged rural. Overcharged Businesses, undercharged residential consumers; Overcharged long distance, undercharged local calls charging different prices to different segments of customers or services eg. AT&T : rural > urban, long-distance > short-distance, business > consumer internal cross-subsidy allowed universal service of AT&T

equipment liberalization

AT&T being forced to allow "any lawful device" to be attached to their phones. The distinction between court rulings against Hush-a-Phone and Carterfone exemplifies equipment liberalization and AT&T's monopoly being chipped away

AT&T and T-Mobile Merger (2011)

AT&T proposed to buy T-Mobile. They argued that this would increase efficiency and quality and they could increase competition vs Verizon. Arguement against: too many markets only have AT&T and T-Mobile (would create a monopoly). AT&T withdrew the merger when they heard that the FCC would oppose it. FCC opposed bc T-Mobile was an innovator because they were small and willing to try new things. Pro: more efficient and could compete more effectively against Verizon; Anti: concentration in many local markets and loss of T-Mobile as 'disruptive innovator'; Result: Merger withdrawn following release of FCC staff report indicating intention to oppose (w $5 billion contractual payout to T-Mobile

Kingsbury Commitment (1913)

Agreement that AT&T and Dept. of Justice made under threat of separation/public takeover to settle antitrust investigation. Result: AT&T: - agrees to divest telegraph (Western Union) - allow interconnection of independent companies with the AT&T long-distance network - achieve universal service (through system of internal cross-subsidies) - if they remain the dominant player, they will agree to create socially beneficial policies - agree to practice "non-discrimination on the basis of source or content) - the heart of the 'common carriage' requirement IN EXCHANGE: - AT&T does not have to break up. - AT&T enters into a regulated monopoly with rate of return regulation - thus, was a natural monopoly, but now regulated monopoly bounded by common carrier requirements. This is significant because it was one of the first federal actions that highlighted the importance of interconnection in relation to enabling competition and making sure that all Americans would be able to get in contact with whomever they need via telephone.

FOIA- Freedom of Information Act 1966

Allows for disclosure of previously unreleased gov't documents in the US. Only applies to federal agencies. Builds presumption of openness, including disclosure of agency rules, policies, and pending action. Agencies must respond to all reasonable requests, including timely process for application, review, granting access or explaining under which exemption category material is being denied. This is important because it keeps citizens in the know about their government.

Price Discrimination

Charging different prices for same good/service. This is generally legal. - 1st degree: (perfect) charge each consumer based on individual willingness to pay - 2nd degree: bulk discounts, pricing strategies over time, production line. - 3rd degree: geographic discrimination

Patent Trolls

Company which accumulates patents (often by purchase) and makes money by licensing through lawsuits, rather than producing its own goods. Patent trolls will purchase patents so that they can later sue companies that might be infringing. Since this method is "Non-practicing", it is immune to counter-suits. Since 75% of patents are granted and only 18-19 hours are used to review patents, many companies submit very broad 'bad' patents to take advantage of any vague infringement of inventions. Patent trolls decrease and discourage innovation and growth in the technological field as they may hinder many companies trying to expand or produce products by filing lawsuits or threatening them. In industries like IT, patents can be really vague, so patent trolls have the ability to go after many companies with one patent like these. Has led to legislations such as 2011 America Invents Act which broadens the range of prior art and expands examining staff to prevent future 'bad patents' that patent trolls can take advantage of.

1st Amendment

Concerned with free Speech. States that free speech is a protected space to learn and grow, and that Congress will make no law abridging the freedom of speech or press. However, the extent of freedom of speech is limited based on extreme criteria. It protects against government intrusions on speech, but not on other threats in the marketplace of ideas. Exceptions to the 1st amendment: - criminal incitement, hate crimes, "fighting words", obscenity

Warren and Brandeis: "The Right to Privacy"

Context: rise of the press and technological change. Claimed there is a necessity of 'retreat from intensity and complexity of modern life." THE RIGHT TO SELF-DISCLOSURE: the right to determine to what extent ones thoughts should be communicated to others. THE RIGHT TO BE LET ALONE: Brandeis dissents reasonable expectations of privacy; says that a) a literal reading of the fourth amendment is not sufficient; b) no material distinction between communication by mail or telephone; c) phone is even worse because you're violating two people instead of one

First Sale Doctrine

Copyright law grants a copyright owner an exclusive right to reproduction. This doctrine refers to 'distribution right'. The distribution right involves the right to transfer physical copies of the copyrighted work. Example - selling your old books online. "Copyright is extinguished at the point of first sale," which means once you purchase a copy of copyrighted work, you have the right to resell/display/destroy that copy without communicating with the copyright holder. Ex. library lending, textbooks in classrooms. what: allows the owner of a lawfully made copy of a copyrighted work to sell or otherwise dispose of the possession of that particular copy, without the authority of the copyright owner. significance: rights holder gets to claim ownership up until the point of first sale. ex: selling your CDs to someone

MGM v. Grokester (2005)

Copyright lawsuit against Grokster. Held guilty of infringement partially grounded in INTENT, despite substantial non-infringing uses and structural difference from Napster

Cambridge Analytica

Data analytics firm got data from 87 million Facebook users. Shared data with Trump presidential campaign to craft target ads. Camb. Analytica got data from Professor who made an app that linked to FB. Users didnt know their info would be used this way.

Asimov's "Three Laws of Robotics"

Def: A robot may not allow a human to come to harm A robot must obey human orders (except where this violates law 1) A robot must protect its own existence mech: Robot ethics: Ethics in emerging technologies such as autonomous vehicles Philosopher's trolley problem: Moral decisions autonomous vehicles must make Whose rights/well-being is prioritized over whose (who makes these decisions, and how are they translated to code)? How do our vehicles already enforce or constrain moral actions of drivers? Sig: Emerging robot technologies: Continuing exploration of the line between (sentient) robots and humans -- exploration of "machinic" vs. emotive/spiritual parts of human nature 1) A robot must not allow a human to come to harm 2) A robot must obey human orders (unless it violates rule 1) 3) A robot must protect its own existence

USA Patriot Act (2001)

Designed to prevent terrorist attacks by enhancing surveillance techniques, creating banking regulations. Examples: - 'sneak and peek' warrants allow search without notice that it's happening - roving wiretaps allow warrantless wiretap that follows a target - expanded record seizures allow warrantless seizure of tangible things believed to be affiliated with terrorism. Although many felt it expanded government surveillance too far, this was an act in response to the 9/11 terrorist attacks.

Residual Categories

Essentially the "leftover" or "in-between" categories; acknowledged but non-normative. Technology acknowledging these residual categories is important, and often not addressed, such as race, religion, option of transfer student, etc.

Fair Use

Exception under copyright law and allows people to use materials that would otherwise be covered under copyright without permission or compensation to the owner for certain purposes. The court weighs fair use claims with 4 factors: 1. nature of copyrighted work (factual vs original creative work) 2. nature of use (education/parody vs. commercial) 3. amount of work used in relation to the whole, & 4. effect on market of the original. This is an important part of the balancing act of copyright because it makes sure copyrighted materials can still be used for certain important purposes.

Domestic law vs. Foreign Intelligence

FBI is responsible for domestic security and law enforcement (governed by the Electronic Communications Privacy Act). NSA/CIA is responsible for foreign intelligence (governed by the Foreign Intelligence Surveillance Act) Problems with Split: Secrecy of FISA courts; blurriness of what is domestic and whats foreign. FBI could use FISA standards (which make it easier to get warrants) to enhance domestic surveillance; may impede coordination of domestic/foreign operations (how 9/11 could've been prevented)

the computer inquiries

FCC rulings around relation between common carriers and emerging data industry the distinction between 'telecommunications service' (physical layer, common carriage) and 'information service' (not common carriage) Split up Telecommunications (basic; AT&T) and Information (enhanced; content; Time Warner). Prevented monopolies. Telecommunication services face common carriage requirements, Information services do not. 1980s-90s FCC rulings around relation between common carriers + emergent data processing industry Distinction between basic (or "telecommunication") and enhanced ("information") services

US v. Google (2012)

FTC found Google liable for misrepresenting "privacy assurances to users of Apple's Safari Internet browser". Was reached after the FTC considered that through the placement of advertising tracking cookies in the Safari web browser, and while serving targeted advertisements, Google violated the 2011 FTC's administrative order issued in FTC v. Google Inc. sig: Shows the range of enforceability with regard to FTC consent orders Significance 1: Part of the FTC's ongoing efforts to make sure that companies live up to the privacy promises they make to consumers Google automatically enrolled its Gmail users into the social networking platform, Google Buzz and made previously private information public. The court ruled that Google must implement a new privacy program including 20 years of privacy audits, and new programs of privacy disclosure to ensure that private information remains private unless a user gives clear affirmative consent.

US v. Facebook (2011)

Facebook agreed to settle FTC charges that it deceived consumers by telling them that they could keep their information on Facebook private, and then repeatedly allowing it to be shared and made public. The switch in privacy defaults shifts private information to public. Facebook also failed to remove access to information on deleted accounts. The settlement dictated that Facebook consents to 20 years of independent privacy audits and that they need to 'express affirmative consent' for future changes in privacy. This is a modern example of how companies have violated consumers privacy. This case set the standard of if a company is to change its privacy settings, they need affirmative consent from its users.

Sherman Antitrust Act (1890)

First antitrust law that allowed federal gov't to investigate detrimental business practices towards competition. Basically limits collusion between firms by outlawing: - all activities that limit trade between states and nations - prohibits practices such as fixed prices - makes all attempts to monopolize trade illegal. Preserves a fair competitive marketplace to allow less powerful companies to participate in the market and protect consumers by giving them more product/service options. Over time has been used more broadly to oppose certain mergers.

Fair Information ACt

Government agencies were originally opaque/didn't share info with public. This act states that all records must be open, disclosure of agency rules, processes, and policies. Anyone must be able to inspect records unless there is good reason to close them. Agencies must respond to record inspection requests, applications, and repeals.

Olmstead v. US (1928)

IMPORTANT bc Applies 4th Amendment to electronic communication. Problem: During the Prohibition era, alcohol manufacturer and smuggler convictions were based on intercepted telephone conversations. Court upheld the conviction saying that phone conversation does not deserve the same protection as mails. Outcome: Court held that neither the 4th nor 5th Amendment rights of the recorded parties were violated. Supreme Court upholds conviction bc: 1) taps were placed on intermediate wires (no intrusion into home or private premise occurred); 2) communications carried by wire are not entitled to same protection as mail --> BUT BRANDEIS DISSENT: no difference between telephone convo and mail; wiretapping is actually worse because it violates privacy of BOTH parties (sender and recipient) - Finally, the Court added that while wiretapping may be unethical no court may exclude evidence solely for moral reasons. This case was reversed by Katz v. U.S. (1967)

Microsoft vs. US (2001)

IMPORTANT bc the main Anti trust case of that time. Microsoft claim: If company wanted Microsoft product, Microsoft forced that company to only use Microsoft and not linux (exclusionary contracts), saying this benefits consumers. Problem: This is anti-competitive behavior. - Accused of anti-competitive behavior to maintain OS dominance and 'bundling' of Internet Explorer with Windows OS Outcome: Microsoft loses case. - required to end exclusionary contracts - had to be audited for next 5 years

Regulatory Parity

Idea the similar services should be regulated in similar ways. Like industries should be regulated with like policies. In particular, this aims to clarify the discrepancy between cable and telephone companies.

Red Lion v. FCC & Miami Herald v. Tornillo

In Red Lion v. FCC, "mandatory right of reply" was uphold, whereas it was rejected in Miami Herald v. Tornillo. These two court cases mark the distinction between print media and broadcast. Radio/TV broadcasters/companies must present a balanced and fair discussion of public issues

Balancing Act

In the context of intellectual property, balancing act means keeping the balance between protection and dissemination of knowledge and cultural products. Without proper protection, the market will lack motivation for creation and innovation. In contrast, with too much protection, useful ideas and knowledge will not be disseminated throughout the society. patent policy should not be too strict to limit innovation nor too weak to disincentives participation. A policy that is too strict would block new ideas from becoming products whereas a policy that is too weak would limit the financial gains of creating new products, thus making product development a less lucrative business practice. if there's no way from me to make money off what I create, I will stop creating. If there's too much protection, growth will be inhibited because there are too many rules

Shibley v. Time (1975)

Key consumer privacy case def: Sale of magazine subscriber information to direct marketing companies a magazine company sold subscriber information to marketing companies Court finds: no appreciable damage or suffering caused by the sales of the lists (public disclosure tort); sales of lists implies no wrongful assumption or endorsement of private individuals (appropriation tort)

Antitrust Law

Law that prevents companies from having too much market power. It manages mergers and acquisitions that would lead towards a monopoly (EX: T-Mobile and Sprint, if that happened). FTC considers monopolies bad for consumers. Would prevent collusion between competing firms (even if TMobile and Sprint dont merge, they could agree to certain prices that would hurt consumers). Also prevents Unfair/Deceptive Trade Practices: FTC makes sure firms dont violate their own policies. Sherman Act (limits collusion); Clayton Act (establishes notification procedures and M&A guidelines); Federal Trade Commission Act (establishes FTC as key anti-trust agency) elements: 1) Collaboration/Collusion among competitors 2) Mergers 3)Abuse of Dominance 4) Unfair and Deceptive Trade Practices

FCC v. Pacifica

Lawsuit against FCC for its failure of regulating broadcasting of inappropriate contents. The main question was whether it is acceptable for FCC to regulate the contents, and the court found so.

Third Party Doctrine

Legal theory that states that people who voluntarily give information to third parties (like to banks, internet service providers (ISPs), and e-mail servers) have "no reasonable expectation of privacy." IMPORTANT bc it makes a large loophole in the 4th Amendment protection. if information i voluntarily gave to to a third party and an agency goes out and ask for it, then it's okay because you gave the information voluntarily - Brings up the issue of "reasonable expectation of privacy" and how the principle changes when a user gives information to a third party voluntarily. Established by courts under U.S. v Miller (1976) [bank records] and Smith v Maryland (1979) [phone records]: "a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties" Emerges in the wake of Katz;

Horizontal vs Vertical Merger

Mergers between companies in the same market. EX: Starbucks merging with Dunkin Donuts A merger two firms in the same/closely aligned market have a merger Decreases competition in the market -companies that want to increase revenue or widen product range Ex: if GM bought Tesla vs. Merger between companies in the same integrated production chain (McDonalds merging with a beef farm) two firms in the same product chain but in different parts of the production cycle have a merger -Occurs between companies that buy/sell something from one to the other -companies that want to reduce costs and be more competitive Ex. if McDonald's bought a Beef farm, an ISP bought a Content Provider

Herfindahl- Hirschman Index (HHI)

Mergers threaten competition in the market and can create monopolies. HHI measures current market concentration. (Market share of firm 1)^2 + (Market share of firm 2)^2 + ... + (market share of firm n)^2 HHI of 0-1000 = unconcentrated HHI of 1000-1800= moderately concentrated HHI of 1800+ = concentrated (bad for consumers) E.g.in a market with 5 firms of 20% market share, HHI = 20(20) + 20(20) + 20(20) + 20(20) + 20(20)= 2400;

How did AT&T thrive?

Network Effects: prioritized Bell affiliates; Economies of Scale: high fixed costs, low marginal costs- costs that increase per additional unit of production, high barriers to entry in industry; Monopoly Leverage: use market power in one industry to dominate adjacent industries; Switching Costs

Regulated Monopolies

Occur when government grants a single company exclusive privileges to be the sole provider of a service. The company is bound to follow certain agreements and requirements by the government, and in turn, the government legally restricts entry into marketplace by other competing firms. This is often the fate of regulating many natural monopolies like AT&T. Congress allowed AT&T to become a regulated Monopoly bc they agreed to play fair with independents, not to discriminate based on content (common carriage), and to create socially beneficial policies. AT&T faced the rate of return regulation. This means that, for instance, if their standard profit was 20%, they would have to charge customers 20%.

SCOTUS 2018 (Carpenter v. US)

Ongoing case. Will decide: - Important bc This is legit under 3rd Party Doctrine but does it violate 4th Amendment? - This case is significant since it poses the question of whether Third Party Doctrine is consistent with 4th Amendment protection, since the telephone companies are technically a third party. Problem: Use of cell phone location data (that was acquired without warrant) to place Carpenter at scene of robberies. Carpenter, however, appeals. He argues that this is a case of unreasonable search and seizure and fruit of the poisoned tree. Appeals court upholds conviction.

1996 Telecommunications Act

Ordered all telephone companies to interconnect with any requesting carrier, and declared all local exchange and access markets open for competition, which ensured anyone can enter communication business and get a chance to compete. This was achieved through establishing: - technological and regulatory convergence - regulatory forbearance (regulations can be relaxed if the industry no longer need them) - regulatory parity(like services should be regulated in like ways)

Stored Communications Act

Part of Electronic Communications Privacy Act Creates 4th amendment protections for email as well as other digital communications that are created or stored on the Internet. This was created when Congress realized that the fourth amendment did not adequately extend to internet privacy

Clayton Antitrust Act (1914)

Plugs holes and gives more enforcement to Sherman Act by seeking to preventing anticompetitive practices detrimental to fair competition, such as formation of monopolies. Establishes notification procedures and defines mergers & acquisitions guidelines and thresholds.

Katz v. US (1967)

Problem: Katz was using a public pay phone booth to transmit illegal gambling wagers, but the FBI was eavesdropping using a listening device placed outside of public payphone that only listens to one side of the convo. Katz challenged his conviction saying his 4th amendment rights were violated and the court ruled in his favor. Katz operated with a "reasonable expectation of privacy" which was in this case violated. Outcome: The Court ruled that Katz was entitled to Fourth Amendment protection for his conversations and that a physical intrusion into the area he occupied was unnecessary to bring the Amendment into play. "The Fourth Amendment protects people, not places," wrote Justice Potter Stewart for the Court. Katz operated with a "reasonable expectation of privacy" (by closing the door), which was in this case violated. John Marshall Harlan introduced the idea of a 'reasonable' expectation of 4th Amendment protection." IMPORTANT bc: - 4th Amendment protects the person in this case. - establishes reasonable expectation of privacy test. - led to 4th amendment warrant requirements

Hepting v. AT&T

Problem: AT&T was sued by the Electric Frontier Fundation for assisting the NSA in monitoring U.S. customers communications. Outcome: A federal judge dismissed Hepting -> EFF appealed that decision -> it was affirmed -> October, 2012, the Supreme Court declined to hear the case

Gold Plating

Process of overcharging or adding unnecessarily high costs/features for more profit but relatively small rewards. This dirty method can includes purposely replacing cheap labor with expensive to raise costs, overbilling network because 20% returns are guaranteed, or creating products that consumers don't want or don't demand for. This process was most popular in time of rate of return regulation, in which natural monopolies intentionally spent unnecessary high costs to maximize profits received from the gov't since they were compensated based one expenditures. Under 'regulated monopoly' AT&T exploited rate of return regulation for gold plating by overspending and overcharging.

Prosser's Privacy Torts

Prosser divides Brandeis' vague definition of privacy into 4 torts to outline the understandings of privacy to be used as references for future privacy violations/cases: 1. Public disclosure of private facts 2. Intrusion upon seclusion 3. False light (false implications) 4. Appropriation (name or likeness of the plaintiff) Related claims: breach of confidentiality (professional), defamation (false information), infliction of emotional distress

1973 Fair Information Practices (HEW report)

Provided a set of principles and practices that describe how an information-based society may approach information handling with a view toward maintaining fairness, privacy, and security in a rapidly evolving global technology environment. 1. there must be no personal data record systems whose existence is secret (notice/awareness) 2. indiv. must be able to see what information is held about them and how it is being used (access and consent) 3. individuals must consent to the repurposing of data collected for one purpose for other purposes ('downstream' consent) 4. individuals must be able to correct or consent inaccurate information (access/participation) 5. collecting/storing agencies hold a responsibility for accuracy, reliability, and precautions against misuse (enforcement and redress) IMPORTANT bc sets precedent for privacy rulings.

Interference

Refers to 'pollution' of the airwaves in terms of broadcasting communication. The fact that there is scarcity of usable spectrum due to potential for interference poses a major concern for broadcast innovation and policy. Policy concerning licensing of spectrum bands and FCC oversight of technical interference of all devices has resulted from the increasing potential for interference with the demand for this technology. The 1927 Radio Act was the first to address problems of interference.

Hate Speech

Speech that attacks a person or group on the basis of attributes such as race, religion, ethnic origin, national origin, sexual orientation, disability, or gender. Key cases: - Snyder v. Phelps, 2011

4th Amendment

States warrant from federal judge must be obtained before searches and seizures. These warrants must be based on probable cause (more than suspicion). This is to protect: - individual privacy/literacy - against an intrusive government - check on excessive government power. - against discriminatory group-level effects (ex: racial profiling, 'stop-and-frisk') This is interesting because it relates to privacy-related constitutional law, but there is no explicit "privacy amendment".

2011 Americans Invent Act

Switches the U.S. patent system from "first to invent" to a "first inventor to file" system. This means that the party to receive a patent would now be the first party to apply for the patent.

1927 Radio Act

The Radio Act of 1927 created Federal Radio Commission, which is responsible for granting and denying licenses, and assigning frequencies and power levels for each licensee. However, FRC does not have the official power of censorship towards content. This Act is significant because before it, anyone who wanted a broadcasting license can get one, which resulted in "chaos" that too many stations tried to be heard on too few frequencies; this Act limits the access to licenses and brings order to the chaos of radio broadcasting. First to address problems of interference

Switching Costs

The cost of leaving a network/service for competitor network/services. Once a user subscribes to a new certain service/platform, there are more costs to switching services than just the actual price. Along with financial costs, a use might have to learn the new system, and they also lose network effects of their previous service. This was significant when all the networks weren't connected with each other. This is another reason AT&T became a monopoly; once their network effects became too great, switching costs for users was too high, and thus not worth the switch. A typical example is when we change phone service companies, and the switching cost is that our contacts are all deleted, so we have to add every contact again in the new phone.

Abrams v. US (1917)

The court ruled against the defendant convicted of violating Espionage Act due to his anti-war activities (distributing anti-war pamphlets). However, dissenting opinion by Oliver Holmes was the major argument in support of free speech, suggested that ideas should be freely exchanged in the "marketplace of ideas." -SCOTUS upheld Sedition Act ruled 2 defendants' 1st Am rights were not violated

Interconnection Policy

The rules/practices governing interoperability between systems/network. If different companies' networks weren't connected, users wouldn't be able to contact other users using different networks. AT&T used strategic interconnection policy to reinforce its position in the market, however, the Kingsbury Commitment forced AT&T to connect to other company networks, meaning users could now contact people across networks, although there was still intercarrier compensation and access charges.

Electronic Communications Privacy Act (1986)

This act establishes rules and procedures by which wiretaps, stored comm, and pen registers (which records calls) are granted. Based on 'probable cause of criminal wrongdoing' - Establishes more specific rules and procedures by which wiretaps, stored communications, and pen registers (which record calls sent and received) are granted. Mechanics: Passed in sections: 1. The Wiretap Act 2. Stored Communications Act 3. Pen Register Act

Federal Trade Commission Act (1914)

This act: - outlaws unfair methods of competition and unfair practices that affect commerce. - established the FTC as a key primary antitrust authority. - added unfair and deceptive practices as an element of antitrust. -outlaws unfair methods of competition and unfair acts or practices that affect commerce

Copyright

Trade marks/ commercial ownership of signs or symbolic representation (color, sounds, smells, shapes, motions). AKA registered or 'common law' rights. Copyright does not protect: - private display - underlying ideas, facts, discoveries - restrictions on quotation for purposes of criticism or parody Copyright does protect exclusive rights to: - production and sale of copies or reproductions - Import/export rights - derivative works - public display Exclusions to copyright: - First Sale doctrine - Educational uses - Backup copying of computer programs, software, and purchased media (Audio Home Recording Act 1992) - FAIR USE ex: A&M Records v. Napster (2001) Napster is a peer-to-peer file-sharing network MGM v. Grokster (2005) Viacom v. YouTube (filed 2007, settled 2014)

Monopoly Leveraging

Using market power in one industry to dominate adjacent industries

a gov't that knows everything about you vs. discloses nothing

Violates 4th Amendment right vs. Transparency issues. Violates "Fair Information Practices," "Freedom of Information Act"

World Intellectual Property Organization (WIPO) Provisions

WIPO was established to provide international coordination of protection for literary, artistic, and creative works. IMPORTANT bc U.S. law was modeled after these provisions --> Safe Harbor and Anti-Circumvention

Varieties of Ethics

Ways to study ethics. 1. normative/perspective (how should we act? what are moral bases of that action?) , 2. descriptive (how do we actually act? what values do people actually hold and act on?) 3. applied (how do/should we act around domain, question, or situation X?)

Whitney v. California (1919)

Whitney was prosecuted under Criminal Syndicalism Act, which prohibited aiding the commission of crime. Brandeis' concurring opinion is significant for his argument/rationale for 1st Am as central to democratic process ("best antidote to bad speech is more speech")

AT&T and Time Warner Merger

Would merge AT&T (cable and wireless) with Time Warner (content: CNN, Warner Bros, Game of Thrones). IMPORTANT bc This was the first VERTICAL MERGER case in courts in 40+ years. Department of Justice denied this merger DENIED by Department of Justice, now under review in the courts AT&T challenges DoJ on selective enforcement grounds when DoJ demands divestiture of CNN First vertical merger case before the courts in 40+ years

tort law

a civil wrong that injures or harms someone and results in legal liability for the imposer. system of incentives; liable or not liable; negligence

fairness doctrine

a former FCC policy that required broadcasting media to present "balanced" viewpoints on controversial issues.

royalty stacking

accumulated cost of licensing payments in devices (like smart phones or computers) that may implicate hundreds or thousands of key patents Royalty stacking is the situations where a single product infringes on many patents. Magnifies the problems about injunction threats and holdup. Patent holder can negotiate royalties far in excess of actual economic value.

Fair Information Practices (NADAE)

an individual's personal privacy is affected by disclosure/use of identifiable information in a record, so these practices must be governed. - Notice/awareness --> no secret personal data record systems - Access and consent -->individual can access personal information and the capacity of its use - Downstream consent -->downstream consent: consent to/prevent repurposing of data -Access/participation -->individual can amend his records (participation) -Enforcement and redress -->agencies that create or use records should exercise caution and have a responsibility for the accuracy/reliability of data

Common Carriage

carrier that holds itself out for the public the idea that communications services (such as AT&T and Telecommunication services) are like "common carriage" that should offer universal service to the general public Under common carriage principle, communications providers cannot discriminate based on the contents of communication Part of Network Neutrality. Can't discriminate on basis of content. Charge companies in same industry same amount. Comes from the railroad industry. Farmers were concerned that rail companies were using railroads to hurt farmers. If you charge Farmer A $100, you must charge Farmer B $100 as well.

Stare Decisis

case before decides cases that follow; literally the idea of legal precedence

Distance Insensitivity

communication system for which distance does not affect performance or pricing

explicit vs implicit bias

conscious/declared bias Conscious/declared/blatant bias --> EX: "I hate Canadians" (related to Type 2 thinking: its conscious, reflective, evaluative vs. unconscious/accumulated through stories/experiences Unconscious bias/accumulated through experiences. (Relates to Type 1 thinking: immediate reaction, based on memory/habit) Explicit = "I hate Canadians"; in your conscious mind. You can weigh experiences in your head. Implicit = schemas, stereotypes, etc. A way of organizing the world in your head. We are overwhelmed by the sensory experiences around us, so we have to shuffle things into categories somehow. (conscious/declared/available to introspection vs. unconscious/accumulated through stories/experiences/images) Type 1 (kneejerk) and type 2 (active) thinking

OECD Privacy Principles

def: Provide the most commonly used privacy framework, they are reflected in existing and emerging privacy and data protection laws, and serve as the basis for the creation of leading practice privacy programs and additional principles. They are however guidelines, not enforceable actions. mech: collection limitation, data quality, purpose specification, use limitation, security safeguards, openness, individual participation, accountability, minimalism: should only be collecting data for the specific transaction at hand, retention: retain data as long as there is a need to, travel and reuse: contextual control sig: Are widely accepted principles in the private and public sectors to govern the ways in which privacy must be adhered to. for transborder data. 1)Collection limitation 2)data quality 3) purpose specification 4) use limitation 5) security safeguards 6) openness 7) individual participation 8) Accountability Used for setting a foundation for governing the transborder flow and the protection of personal data and privacy. This includes collection limitation, data quality, purpose specification, use limitation, security safeguards, openness, individual participation, accountability

Facebook/Cornell Contagion Study

def: Researchers manipulated the news on newsfeeds on Facebook in order to monitor the positivity and negativity of subsequent posts. mech: The study found a weak correlation between the emotionality of the post and the emotionality of subsequent posts. sig: This study was criticised for lacking user consent to participate, as well as users being unaware that they were being studied. Opening up a broader conversation about Facebook privacy policies, there was discussion as to whether Facebook is responsible for user/test subject protection.

Remsburg v. Docusearch (2003)

def: Stalking/personal endangerment in which a stalker was able to use Docusearch's service to find and murder an ex-girlfriend. Court finds: Docusearch fails to execute its duty of care to those potentially endangered by release of private information

EU General Data Protection Regulation

def: This law governs how information should be handled, protected, and accessed in the European Union. It provides a one-stop-shop for data practices in the EU mech: The law provides for an opt-in model for user data collection, notification of collection, data protection standards and encryption, standards for data breach notification and redress, requirements for records of data collection practices, and rights of individuals to access, erasure, and data portability. sig: This may present a framework for how the United States may implement official, comprehensive regulations regarding Big Data and emerging technologies

Moor's "Why we need better ethics for emerging ethics"

def: Three stages of tech revolution which are introduction, permeation, and power and as these stages intensify and multiply as they move to the power stage mech: Three rapidly developing techs are genetic tech, nanotech, and neuro tech, all are malleable and convergent and not yet in the power stage, plus they have potential to dramatically change people's lives sig: These changes in the stages do not impact everyone equally and that is why we need ELP because we must protect people who cannot defend themselves adequately

Network Neutrality

internet service providers shold enable access to all content and applications regardless of source, and without avoring or blocking particular websites. FCC governs net neutrality (or lack thereof). NN problems: Blocking, Throttling, Paid Prioritization

Swyer v. American Express (1995)

key consumer privacy casedef: Categorization and sale of AmEx customers to third party marketers AmEx sold customer information to third party marketers Court finds: there is no serious intrusion into seclusion, public disclosure, or appropriation violation

cross-subsidies

one group is overcharged for service while another is undercharged to keep prices the same across the board -urban v rural -local v long distance -business v personal

Wiretap Act

part of Electronic Communications Privacy Act Federal law aimed at protecting privacy in communications with other persons. Cannot intentionally or purposely "intercept, disclose, or use contents of" any wire or oral communication

Patents

problem: It's too easy to get a patent in the US (proliferation of bad patents); the processing time for patent applications is too long (3 years); patent trolls. large companies file broad patents and sue smaller companies

5th Amendment

right against self-incrimination Imposes restrictions on the government's prosecution of persons accused of crimes. It forbids self-incrimination and makes sure that the due process of law is followed.

2011 America Invents Act

switches US patent system from "first to invent" to "first inventor to file" system; party that receives a patent would now be the first party to apply Improves patent system. 1) broadens range of prior art 2) expands patent examining staff broadened the range of 'prior art' to include foreign offers and public uses, grade patent updated to 1 year of publicshing, expanded PTO examining staff, extended post-grant opposition at PTO, used First Inventor to File system rather than First to Invent and First to File

1934 Communications Act

transferred management of wire and wireless communication to the newly-formed Federal Communications Commission Title II: "common carriage" Title I ('ancillary authority') vs. Title II (and the 2015 'reclassification' debate, from Communications Act of 1934): These are two categories of authority the Communications Act sets forward, Title II regards 'common carriers', which traditionally applied to only wireline communication & transport, whereas Title I regards 'ancillary authority', which has less strict restrictions and is basically a catch-all category for other technology ("general provisions") that does not fit into Title II or Title III(broadcast/radio communication). In 2015, the FCC was controversially granted Title II authority to further enforce the net neutrality principles. This was relevant because it fundamentally shifted the FCC's authority on such issues and raised questions on how internet service should be classified.

monopoly leveraging

using market power in one industry or sector to dominate or control adjacent market sector eg. AT&T, Microsoft