The Federal Trade Commission’s recent amendments to its Children’s Online Privacy Protection Act Rule will take effect on July 1, 2013, but the changes might ultimately exacerbate a fundamental problem that has persisted since the Rule’s debut: people, parents and children alike, lie. The new amendments will expand the definition of “personal information,” the collection of which triggers a series of special mandates by which child-directed, commercial websites must abide. Expanding this definition and increasing the number of triggers places a greater burden on these websites, which, in response, just ban children from using their services. This response, however, does not deter children, who lie about their age to gain access, often with the help of their parents. Additional regulations might very well lead to more lying and an increase in the unprotected presence of children online.
University of Washington School of Law
Big Brother is Watching… But not in Iowa City?
By Megan Fensterman
In an unprecedented move to protect citizen privacy, Iowa City residents presented the city council with a bill last week which, if passed, would ban the use of all red-light cameras, license plate readers, and traffic enforcement drones within the city. The bill was introduced after several groups, including StopBigBrother.org, Young Americans for Liberty, College Republicans, and the American Civil Liberties Union of Iowa, held a forum in March to address citizens’ concerns related to such enforcement technologies. Notably, many parts of the bill are intended as proactive measures; while the bill would require removal of red-light cameras already in place, Iowa City officials have announced no plans to use drones or license plate readers as part of their traffic enforcement strategies.
Texas Legislature Passes Private Drone Ban, But Promises Many Politically-charged Exceptions
This week, the Texas legislature passed the “Texas Privacy Act,” a bill that would prohibit private drone usage within the state.
Passing the state Senate 26-5 and House of Representatives 140-4, House Bill 912 would classify drone usage “with the intent to conduct surveillance” as a Class C misdemeanor. The proposal specifically targets private individuals using drones to document “an individual or privately owned real property.”
If Republican Gov. Rick Perry authorizes the proposed law, Texas would be the third state to ban private drone usage: Virginia Gov. Bob McDonnell agreed to a two year moratorium on drones in February, and Idaho Gov. C.L. “Butch” Otter signed a privacy-oriented drone restriction into law last month.
Unlike Virginia and Idaho, though, Texas is geographically and politically oriented towards far more than individual privacy rights.
Public Domain or Copyrighted, My Dear Watson?
By Peter Dang
When we think of the term “detective,” the image of Sherlock Holmes quickly comes to mind—the quirky hat; the deductive reasoning skills; and, of course, the memorable phrase “Elementary, my dear Watson.” The famous detective first appeared in 1887 in the novel A Study in Scarlet by Sir Arthur Conan Doyle. Other novels and short stories about Holmes quickly followed and continued to be written and published as late as 1927. Most of those written works have since entered into the public domain, but copyright law still protects ten stories in the United States.
What happens to a character’s copyright protection when the original stories they starred in have entered into the public domain, but those published later have not? Continue reading
The Appropriation Artist Currently Known as Prince
By Chris Young
You know you have made it as a photographer when your work is appropriated by an artist well known for relying on other artists’ copyrighted material. Last month, the Court of Appeals for the Second Circuit reversed a lower court ruling that would have compelled American appropriation artist Richard Prince to turn 30 works of art over to the plaintiff, photographer Patrick Cariou. The works in question, paintings and collages exhibited in 2007 and 2008, used some of Cariou’s photographs of Rastafari from his 2000 book, Yes Rasta.




