Since World Intellectual Property Day is on April 26, it is a timely occasion for recognizing the vital role of copyright protections in encouraging innovation in the Digital Age. The strong protection of intellectual property in the Constitution and the Copyright Act has helped to make the U.S. the world's most prosperous society, and intellectual property protection of new technologies is particularly vital.
Meanwhile, the Supreme Court is set to weigh in on the copyrightability of software in what will be the biggest copyright case in several decades. The Court’s ruling in Google v. Oracle is expected to set the standard for how thoroughly computer code is protected by copyright. In this virtual panel, legal experts weigh in on the...
Last year, the D.C. Circuit issued its opinion in Mozilla v. Federal Communications Commission in which the court largely upheld the Commission’s Restoring Internet Freedom Order that reversed the Obama Administration’s 2015 decision to apply common carrier regulation to the Internet. While the court upheld the bulk of the agency’s actions as reasonable under the Supreme Court’s rulings in Chevron and Brand X , the Court also remanded three discrete issues for further consideration by the Commission: 1.) public safety; 2.) pole attachments; and 3.) the Lifeline program. These comments seek to address the implications of reclassification and of the Commission’s light-touch regulatory approach for public safety.
Supreme Court nominations and the issues before the Court have played an important role in most recent presidential elections. This was especially true in 2016, when Donald Trump's list of potential Supreme Court nominees, paired with a vacancy on the Court, is widely credited with being a decisive factor in Trump's victory. In this virtual panel, experts on judicial nominations and the federal courts will share their views on the role the Court will play in this year's presidential election. Among the many questions they'll tackle are
whether the Supreme Court issue will work in President Trump's favor again and whether Joe Biden is likely to release a list of potential nominees, as well as some novel questions brought...
Last year, the D.C. Circuit issued its opinion in Mozilla v. Federal Communications Commission in which the court largely upheld the Commission’s 2017 Restoring Internet Freedom Order that reversed the Obama Administration’s 2015 decision to apply common carrier regulation to the Internet. While the court upheld the bulk of the agency’s actions as reasonable under the Supreme Court’s rulings in Chevron and Brand X, the court also found that the agency lacked plenary preemption authority over state efforts to regulate the Internet under the FCC’s theory of the case. In this virtual panel, legal and policy experts share their views of the court’s opinion, agency deference, and what is next in the net neutrality debate.
The reauthorization comes at a time of heightened scrutiny, given the recent Department of Justice Inspector General report addressing the FBI’s use of FISA while investigating the 2016 presidential election and a Foreign Intelligence Surveillance Court of Review order expressing “serious concerns about the accuracy and completeness” of the FBI’s FISA applications in that case.
On March 24, the Supreme Court will hear oral arguments in Google LLC v. Oracle America, Inc, which is expected to set the standard for how thoroughly computer code is protected by copyright. If Google's copying of more than 11,300 lines of Oracle's Java code in building the Android operating system is allowed to stand, that protection will be weakened and the incentives for innovation in the software industry will be diminished. A victory for Oracle is important for promoting both the rule of law, including a textualist reading of the Constitution and statutes, and the protection of property rights.
On March 15, 2020, certain authorities under the Foreign Intelligence Surveillance Act (FISA) will expire absent renewal by Congress. The authorities set to expire fall into three categories: 1) the business records provision (often referred to as Section 215) that allows for collection of call detail records, among other things; 2) roving wiretaps; and 3) the lone wolf provision. On March 11, the House passed a compromise bill that the Senate will soon consider. However, several Republican Senators have already urged President Trump to veto the reauthorization bill, should it pass both chambers.
Senator Schumer reached a new low today when he stood on the Supreme Court steps and threatened Justices Gorsuch and Kavanaugh. His political posturing outside the Court was a flagrant attempt to influence the two newest Justices in the building.