<-- The Filter --> October 2003
September 30, 2003
 In the News: RIAA v. File Swappers
 Berkman News: Yossi Vardi on Cyber-neurology
 Conference Watch: WIPO
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 IN THE NEWS
* RIAA Gets Up Close and Personal
The Recording Industry Association of America claimed the first legal
trophy in its campaign against digital music fans settling its case
against a 12-year-old Manhattan schoolgirl for $2,000.
* HP Swings Back at SCO
In the escalating copyright battle over Linux, Hewlett-Packard takes
up SCO's infringement notices to Linux users by offering
indemnification against SCO lawsuits.
* California Supreme Court Upholds Trade Secret Rights Under Free
Speech Claim in DVD Case
In DVD Copy Control Association (DVD-CCA) v. Bunner, decided in August,
the court held that under California's trade secret law, "a
preliminary injunction burdens no more speech than necessary." Justice
Janice Rogers Brown wrote that while computer code was speech subject
to First Amendment protections, it could be held to a lesser standard
of review than pure speech. Brunner was among many who had publicly
posted copies of Jon Johansen's DeCSS code which allowed users to
decrypt DVDs. The Supreme Court sent the case back to a lower court
to consider whether the trade secret claim itself was valid.
* Oxford Internet Institute seeks Net scholars
Oxford University has announced two new professorships. The closing
date for applications is 24 November 2003.
Professor of Internet Governance and Regulation
Professor of Society and the Internet
 BERKMAN NEWS
* Yossi Vardi Speaking at Harvard Law School on Cyber-neurology: The
former chairman of Mirablis Ltd. and creator of the extremely popular
Internet communication program ICQ will discuss social organization in
cyberspace and the attempts to control it by government, by business,
and by technologists. Swarms and wise mobs, virtual identity and the
battle for your living room will all be addressed in a discussion with
Berkman Fellow Jim Moore (author of 'The Second Superpower') on
Tuesday, October 21, 2003 from 5:00 - 7:00 p.m. in Hauser 104 at
Harvard Law School. All are welcome, however space is limited.
"The Edge Against the Hub: The Struggle for Dominance on the
Internet," with Yossi Vardi and Jim Moore.
* New BOLD Series: CyberPrivacy - Registration Now Open: Prof. John
Nockleby of Loyola Law School will lead the next Berkman Online
Lecture and Discussion (BOLD) program. Registration for
"CyberPrivacy" is now open using Berkman's own H2O applications.
Register for CyberPrivacy at <http://tinyurl.com/qbly>. Course
information is available at
* Donna Wentworth off to EFF with great fanfare. The former Filter
editor has joined the Electronic Frontier Foundation in San Francisco.
Our apologies if the usual Filter standards suffer until our staff
levels return to normal. We miss her terribly.
* Zittrain and Edelman Release Site Finder Research: Technical
Responses to Unilateral Internet Authority: The Deployment of VeriSign
"Site Finder" and ISP Response was released by Professor Jonathan
Zittrain and Berkman Student Fellow Ben Edelman. Introduced last
month, Site Finder is a controversial modification to the Internet's
domain name system, provokin.criticism for unanticipated effects on
web browsing, email, and numerous automated systems.
Read the article: "Technical Responses to Unilateral Internet
Authority: The Deployment of VeriSign 'Site Finder' and ISP Response."
* BloggerCon Draws Huge Crowd. The blogosphere is abuzz with reactions
to the hugely successful, well-attended BloggerCon hosted by Berkman
Fellow Dave Winer this past weekend.
Read the comments and reactions of participants:
* New Fellows Arrive: The Berkman Center is pleased to announce two
new fellowship appointments. Nolan Bowie and Urs Gasser.
Nolan Bowie is Adjunct Lecturer in Public Policy and a Senior Fellow
of the Shorenstein Center on the Press, Politics and Public Policy.
From 1986-1998, he was an Associate Professor at Temple University,
School of Communication and Theater. His primary policy concerns are
issues concerning the equity and fairness in the allocation of, and,
access to information (literacy, education and knowledge) in all
formats via digital and analog communication technology. He is a
former public interest lawyer who has been teaching, writing and
advocating on behalf of underrepresented constituencies for a period
of more than 29 years. He also is a self-taught artist who has served
as a naval officer, juvenile probation counselor, assistant attorney
general for civil rights and as an Assistant Watergate Special
Prosecutor. He received his law degree in 1973 from the University of
Michigan Law School.
Nolan Bowie: <http://ksgnotes1.harvard.edu/people/Nolan_Bowie>
Urs Gasser is a spring graduate of the HL.LL.M. program and obtained
his S.J.D. (Dr.iur.) from the University of St. Gallen, where he has
served as the Executive Manager of the Research Center for Information
Law. Urs' research agenda, among other projects, includes the Digital
Media Project. As a lawyer trained both in Europe and the US, Urs
focuses on the question how national and regional regulatory and legal
frameworks -- primary in Western Europe and in developed nations in
Asia/Pacific -- will support or hinder global media services.
Urs Gasser: <http://cyber.law.harvard.edu/people/ugasser.html>
HLS LL.M. Program: <http://tinyurl.com/r1zc>
Digital Media Project: <http://tinyurl.com/qxnc>
* Global Attention Profile (GAP): Berkman Fellow Ethan Zuckerman has
devised an assay to measure press coverage of events in developing
nations. Asking how newspapers, newscasts and website divide their
attention between regions of the world, which countries get the most
attention, and what factors predict which countries will command the
most attention from media channels, Zuckerman has created a tool to
make accurate statistical measurements as a first step in determining
how the Press decides to use its limited resources. One of Zuckerman's
surprising results is that violent conflict seems to have less effect
on media attention than does the size of a nation's economy.
Read Zuckerman's "Global Attention Profiles. A working paper" at
* Berkman courses underway at HLS. Berkman faculty are offering three
courses relating to Internet law this fall. Prof. Charles Nesson and
a team led by Berkman Fellow Andrew McLaughlin are presenting Digital
Democracy which looks at how the Internet can be used to develop and
govern communities. Berkman Director John Palfrey is teaching Cyberlaw
and the Global Economy which looks at the effect of globalization on
local laws and on new paradigms for transactional enterprises. Prof.
Jon Zittrain is leading an Internet & Society seminar analyzing the
See course syllabus and reading materials:
Digital Democracy: <http://tinyurl.com/qxnp>
Cyberlaw and the Global Economy: <http://tinyurl.com/qxnd>
Internet & Society Reading Seminar: <http://tinyurl.com/qxnf>
* Berkman Fellow Ben Edelman testifies on Whois
The House Committee on the Judiciary, Subcommittee on Courts, the
Internet, and Intellectual Property is hearing testimony on Whois.
Edelman presents his statistical analysis of bulk registrations
including those of the prolific cybersquatter John Zuccarini who was
arrested this month in Florida under that state's new Amber Alert
legislation that includes a "Truth in Domain Names" making it a crime
to use a misleading domain name "with the intent to deceive a minor
into viewing material that is harmful to minors... Zuccarini alleged
registered domain names that were slight misspellings of famous names
(a practice known as "typosquatting") to lure users to porn sites. For
news coverage of the arrest, see:
 CONFERENCE WATCH
* October 17-18, New Orleans, LA--Tulane Law School, "Works in
Progress Intellectual Property Colloquium 2003."
* October 21, 2003, Washington, DC--Cato Institute, "Who Rules the
Net? Debating Internet Jurisdiction and Governance."
* October 23, 2003, Washington, DC--George Washington University Law
School,"The Future of Internet Surveillance Law."
* November 3-5, 2003. Geneva, CH--WIPO Standing Committee on Copyright
and Related Rights reviews proposals for treaty on
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Editor pro tem: Diane Cabell
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