Archive for April 2010


There’s Something About ECPA

I write in “The Laws of Disruption” of the risk of unintended consequences that regulators run in legislating emerging technologies.  Because the pace of change for these technologies is so much faster than it is for law, the likelihood of defining a legal problem and crafting a solution that will address it is very slim.  […]

Reality Check: “Reclassifying” Broadband Would be Hard—Thank Goodness

I have a long opinion piece on CNet today, arguing that much of the talk of “reclassifying” or “relabeling” broadband Internet access to bring it under the FCC’s regulatory authority is just that—talk. On April 6th, the D.C. Circuit Court of Appeals ruled definitively that the squishy doctrine of “ancillary jurisdiction” provides no authority for […]

Kind Words from TechDirt on “Google v. Everyone”

Mike Masnick, CEO of TechDirt, had some very kind words today about my blog post on Google’s troubles in China and with Viacom.  See “Rather Than Considering Information ‘Property,’ What About Looking At Productive vs. Destructive Uses?” Thanks Mike!

Speaking on Net Neutrality at “Digital Hollywood” May 3-6

Larry will be speaking at a panel on Net Neutrality as part of Digital Hollywood in Santa Monica, CA, May 3-6.

A Few Words on Comcast v. FCC: Net Neutrality Neutralized

The D.C. Circuit Court of Appeals issued its opinion today in Comcast’s appeal of sanctions issued in 2008, rejecting the FCC’s authority to issue the sanctions in the first place.  (Brent Kendall of The Wall Street Journal has already reported the story, see “Court Strikes at Net Neutrality.”) The ruling punished the cable company’s efforts […]

EBay Wins Important Victory Against Tiffany

As the Wall Street Journal is already reporting, today eBay sustained an important win in its long-running dispute with Tiffany over counterfeit goods sold through its marketplace.  (The full opinion is available here.) I wrote about this case as my leading example of the legal problems that appear at the border between physical life and […]