Harry Lewis puts just right the way Homeland Security goes off the rails with its decision to give itself permission to confiscate laptops at the border:

I love Michael Chertoff’s explanation of why border guards won’t bother with the niceties of probable cause provided for in the Fourth Amendment: “As a practical matter, travelers only go to secondary [for a more thorough examination] when there is some level of suspicion. Yet legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers’ often split-second assessments are second-guessed.”

He’s right, of course. The Bill of Rights has a chilling effect on the government. That’s what it’s there for!

[Tags: harry_lewis homeland_security laptops privacy creeping_totalitarianism ]

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A group of folks, led by Wendy Seltzer, Geoff Goodell and Steve Schultze, has filed a comment on the FCC’s proposal that it give away some public spectrum to be used for national Internet access, with the requirement that the provider censor it down to what’s safe for a five year old. Wendy and her friends produced what I think is an outstanding, thorough, and legally-based criticism of this plan. (I’m proud to be one of the many signatories.) [Tags: fcc censorship wendy_seltzer ]

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Mygazines.com is an interesting idea. Currently in beta, it’s designed to let anyone upload any magazine or magazine article, and then share the content, using the familiar elements of content-based social networking sites (or, more accurately, the social networking elements of content-based sites).

The site unfortunately has little information about itself, so I don’t know what they think they’re going to do about the obvious copyright issues. The existing content includes the magazines’ ads, so maybe the site hopes publishers will see some benefit in being scanned ‘n’ read. (As an example, here’s a link to the complete contents of the current issue of The New Yorker.)

While the tool for reading is pretty slick, the process of posting to enable said slickness seems pretty onerous.

I’m interested to see what becomes of it… [Tags: copyright magazines publishing media everything_is_miscellaneous ]

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Jacob Kramer-Duffield at the Berkman Center explains the significance of Google’s new ability to search the copyright renewal notices for books published between 1923 and 1963. Publishers of those books had to file a renewal notice to hold on to their copyrights. It’s been very difficult to determine whether those notices were ever filed, so, when in doubt, we’ve assumed that they’re protected, even though most of them undoubtedly are not. This is known as the “orphaned works” problem.

But, thanks to a gargantuan effort by a whole bunch of people — thank you! — that information has been digitized and Google can search it. Google Book Search and The Open Content Alliance will use this list to provide open access to works that otherwise were kept out of the hands of the public because their copyright status just couldn’t be determined.

Project Gutenberg, The Universal Library Project, and the Distributed Proofreaders deserve a lot of credit, praise, and hosannahs for accomplishing this task. [Tags: open_access copyright google open_content_allilance project_guetnberg universal_library_project distributed_proofreaders ]

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Scott Bradner has a terrific column on the FCC’s idea that it will make some spectrum available for free Net access, so long as it’s censored. If the naughty bits can’t be stopped by filters, then the FCC wants the carriers to block it using other means, e.g., perhaps by blocking encrypted data?

I don’t know why the FCC thinks that it has the mandate to censor the Internet. And if they do, why don’t they insist on a morally pure telephone network? Why do they think the Internet consists of content instead of people communicating? And why does the FCC care so much about boobies?

More info: The company behind this. The .doc file with the FCC text. Reuters. M2Z comment (type “m2z” in “filed on behalf of”). DailyWireless.

[Tags: fcc ]

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Someone asked me the other day if I still think the Web has not been hyped enough. Damn straight. This thing is bigger than all of us put together. We’ve only just begun to figure out how to take advantage of our new connectedness of ideas and people. It’s worth a little celebrating, don’t you think?

That’s what One Web Day is about. And it’s coming up on September 22, which means it’s time to start organizing something in your community.

As with Earth Day, it’s up to each community — real-world or online — to decide how to celebrate OWD, but you’re encouraged to do something that will add value to the Web. Bring the Net to some people who don’t yet have it. Post works that tell local stories or that encourage others to be creative. Support politically what you consider to be the core values of the Web. (OWD is non-partisan.)

Woohoo! The Web! Woohoo! One Web Day!

[Tags: one_web_day owd ]

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I haven’t had a chance to watch this yet, but I’m hearing only good things — no surprise there — about Jonathan Zittrain’s appearance on The Colbert Report. (Out of respect for Mr. Colbert, during the show the second ‘t’ in Jonathan’s last name went silent.) [Tags: berkman jonathan_zittrain colbert_report ]

I’ve seen it now. It’s one of Colbert’s best interviews, because he asks the right questions and because JZ is so sharp, eloquent, and charming.

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Alex Leavitt recorded the DRM zuneral on May 25, at which our old friend, Digital R. Management, the progeny of CD Keys and Read Only Floppies, was given a burial at sea.

[Tags: drm digital_rights roflcon zuneral ]

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Berkman‘s Publius project keeps rolling along. There’s already lots of excellent stuff there, exploring how the Net is constituting its own governance mechanisms and norms. For example, today Peter Suber and Melissa Hagemann discuss open access, science, research, and education. But you can just browse through the topics and be pretty sure you’ll hit on something well worth reading.

[Tags: berkman publius governance ]

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Supernova has posted a 15 minute vcast interview with me, by Howard Greenstein, about the Berkman Publius Project and my op-ed in it about why tacit governance is usually better than getting all explicit about stuff.

[Tags: berkman publius governance ]

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