Archive Page 2
May brings the combined professor’s pincer of grading and writing deadlines. So it is that I submitted my 3L grades yesterday and now I’m posting (finally!) four new shows.
The first, Show #159, March 16, is my interview with Prof. Julie Cohen of Georgetown Law, author of the book Configuring the Networked Self. Julie has written a fascinating and forward-thinking critique of our relationship to technology and the primary challenges facing consumers of technology as they navigate the increasing intrusions of technology into our everyday lives. We covered a variety of topics in this discussion, from social constructs to secrecy, and part two (to be scheduled) will focus on a major portion of the book that was not covered here: privacy. I greatly enjoyed the interview.
Show #160, April 17 is my interview with Prof. Jennifer Holt of the University of California Santa Barbara, author of the book Empires of Entertainment. Jennifer looks at the period just prior to the explosion of the commercial Internet, 1980-1996, and focuses on the changes and consolidations that occurred during that tumultuous time in the history of the entertainment industry. Jennifer examines not just the business environment during this era, but also the legal and social contours that lead to where we were at the dawn of the Internet, and in that way has made a unique contribution to the literature on this era. We covered not just that recent history, but also some current events like the battle over SOPA and PIPA. The interview was fun and I hope that you enjoy it as well.
The third interview, Show #161, April 24 is my interview with Prof. Hamilton Bean of the University of Colorado Denver, author of the book No More Secrets: Open Source Information and the Reshaping of U.S. Intelligence. Hamilton has written a first-of-a-kind analysis of the use of public information (i.e., open source) in the collection and analysis functions of the US intelligence community. Drawing on many first-hand interviews, he focuses on the mystique and myths around secrecy in the intelligence community and the challenges of institutionalizing the use of open source information. Given the increasing study of “secrecy” as a field, I was excited to have Hamilton on the show and enjoyed the interview.
Finally, Show #162, May 1 is my interview with Prof. Daniel Margocsy of Hunter College, co-editor of States of Secrecy, a new volume of the British Journal for the History of Science. Daniel has brought together many great contributors, including several former guests on Hearsay Culture like Mario Biagioli and Peter Galison to analyze secrecy as a political, legal and social construct in the scientific community. Drawing on the history of the theory of secrecy, we (in some measure) continued the discussion from the previous week to focus on what secrecy means to the continued flow of knowledge and information to and from the scientific community. This was yet another interview that I found personally illuminating and fun.
Thanks for your patience and look for more new shows on the way soon!
In this incredibly busy semester (i.e., I’ve posted my most recent draft on SSRN, The Social Layer of Freedom of Information Law, which focuses on information formatting issues in the Freedom of Information Act, and I’m still facing multiple writing deadlines), I am pleased to (finally) post the first three shows of the quarter. The first, Show #156, January 27 is my interview with Prof. A. Michael Froomkin of the University of Miami Law School on Internet kill switch legislation. Amidst the furor surrounding SOPA and PIPA, this legislation has flown under the radar. Its focus is to allow the government, under certain circumstances, to shut off Internet access — a scary proposition without significant oversight, due process and accountability. This legislation has ramifications from speech to criminal law, and Mike and I had a wide ranging discussion that I hope you enjoy as much as I did.
The second show, Show #157, February 17, is my interview with Prof. Jorge Contreras of American University Washington College of Law regarding his draft article Wait for It … Latency, Copyright and the Private Ordering of Scientific Publishing. We have focused on issues of open access to knowledge on several occasions on Hearsay Culture, but never in the context of scientific publishing. Jorge and I discussed the impact of copyright law on traditional sharing of research among scientists and what can be done to address its impact. Given its import in forstering scientific advancement, I was thrilled to have Jorge on the show and I greatly enjoyed the discussion.
The last show, Show #158, February 24, is my interview with Prof. Derek Bambauer of Brooklyn Law School, author of Orwell’s Armchair. Derek has written another very insightful and forward-thinking article where he makes a counter-intuitive suggestion regarding government censorship of speech: we should establish rules and procedures for government censorship. At the core of Derek’s argument is a realist view that the US government is censoring, so rather than do it through a variety of indirect and obscure methods, we should have a policy so that censorship can be done in the open. We discussed his views on censorship, his solution and potential criticisms and concerns. Derek is always a great guest and this interview was no exception.
Enjoy (and now I’m back to writing).
shows #152-155 — David Perlmutter, Ethan Leib, Saul Levmore, Martha Nussbaum and Helen Nissenbaum — posted
Happy new year! A hectic December has led me to the Association of American Law Schools annual meeting, where I’ll be discussing the Anti-Counterfeiting Trade Agreement tomorrow. Meanwhile, posted are the last four shows of the Fall 2011 quarter.
The first show is Show #152, November 3, my interview with Prof. David Perlmutter of the University of Iowa, author of Blogwars and Tenure and Promotion Confidential. We discussed the media industry surrounding blogs as well as a more provincial topic of interest to a narrower range of Hearsay Culture listeners, namely, how to get tenure. David’s work spans a variety of areas, and I greatly enjoyed the interview.
Show #153, November 10 is my interview with Prof. Ethan Leib of Fordham Law School, author of Friend V. Friend. Ethan has written a fascinating book about the regulation of friendships and whether the government should play a role in encouraging friendship. The obvious relevance of this issue as manifested in social networks is explored, as well as more nuanced questions like whether government has a role in this fundamental area of private ordering. A great discussion.
The third show, Show #154, December 1 is my interview with Dean Saul Levmore and Prof. Martha Nussbaum of The University of Chicago Law School, co-editors of The Offensive Internet: Speech, Privacy, and Reputation. Saul and Martha have edited and contributed to an excellent volume on the impact of the Internet on one’s ability to protect and control one’s reputation and identity. As eminent scholars I was thrilled to have them on the show and they offered their unique perspectives on wide range of topics, from Section 230 of the Communications Decency Act to social media.
The last show of the quarter, Show #155, December 8 is my interview with Prof. Helen Nissenbaum of New York University, discussing Privacy in Context. Helen’s newest book focuses on her idea of “contextual integrity” that conceives privacy through the prism of its social constructs. An outstanding guest and scholar, I greatly enjoyed the conversation.
The schedule for the next quarter, which begins during the week of January 16, will be posted next week.
What a busy semester — aside from doing Hearsay Culture, I’ve been teaching my two classes (Contracts and IP Survey), writing an article on social media and the Freedom of Information Act that I’ll be presenting at North Carolina Law Review’s symposium on social media and the law on Friday, working on other research projects, IP law advocacy efforts, and administrative matters, and applying for promotion and tenure. Hence the two week delay in writing this post.
I am humbled and honored to be posting my 150th show, October 13, my interview with Jen Nails of the Peoples Improv Theater. Jen is an accomplished actor and author, and I was excited to have her on the show to discuss her perspectives on technology as an author. We discussed a range of issues, from how technology is weaved into Jen’s works to her perspective on technology as a tool to market books. I greatly enjoyed the conversation.
The second show, show #151, October 27 is my interview with Prof. Lewis Hyde of Kenyon College, author of Common As Air. Lewis has written a compelling work about and defense of the cultural commons based upon his wealth of experience as an author and teacher. We had a detailed discussion of the import of the commons and how we should conceive it as a cultural icon and marker. I have been an admirer of Lewis’ work and was thrilled to engage him in conversation. I hope that you enjoy this set of author interviews!
I’m thrilled to post the schedule for the fall quarter 2011! Looking forward to another great quarter!
I’m pleased to post the last show of the summer quarter, Show #149, August 31, my interview with Prof. Susan Shirk of the University of California – San Diego, editor of the book Changing Media, Changing China. Susan has edited a book comprised of essays about China’s media landscape by some of China’s leading journalists and academics, as well as other experts. As a scholar with decades of experience living in and studying Chinese media, Susan was an outstanding guest with whom to discuss the complex and somewhat counter-intuitive relationship between the Chinese government and the media, which ranges from government to private entities. I greatly enjoyed the conversation!
I am pleased to post two more shows for the fall quarter. The first, Show 147, August 17 is my interview with Prof. Marcus Boon of York University, discussing In Praise of Copying. Marcus has written a unique contribution to our notions of what it means to copy and imitate by examining copyright law through the lens of Buddhism. A new focus on Hearsay Culture, our discussion examined what Buddhist teachings might tell us about copying as a human behavior and, more broadly, whether western conceptions of intellectual property mesh with Buddhist beliefs. I learned a lot both from the book and our discussion. [Apologies for some audio issues in this recording].
The second show, Show 148, August 24, is my interview with Prof. Ann Bartow of Pace University School of Law, author of the forthcoming article Copyright Law and the Commoditization of Sex. Ann examines how copyright law potentially incentivizes the creation of pornography that is illegal and/or harmful to the performers. It may be a surprise to many that copyright law does not carve an exception for such works; Ann proposes that such exceptions should be considered and outlines a system for such considerations. Ann is a prolific scholar and exciting thinker and I greatly enjoyed the discussion.
I am pleased to post two more shows for this summer quarter. The first is Show #145, July 27, my interview with Prof. Peter Galison of Harvard University, discussing his documentary Secrecy. Peter’s documentary takes a visually and substantively striking look at the secrecy state that exists (it seems) in the entire Western world post-September 11. The first documentarian on Hearsay Culture, Peter’s work allowed me to take a close look at the role of secrecy not only in national security realms but those of informational sharing more generally. Peter’s interview closes the three-part summer secrecy series (the other guests were Prof. Archon Fung and Micah Sifry).
The second is Show #146, August 3, my interview with Kevin Kelly of Wired Magazine, author of What Technology Wants. Kevin’s book takes technology seriously and examines the “wants and needs” of technology in its interactions with humans. In other words, what attributes of technology mesh well and not so well with humans and how humans interact with each other? In our discussion, we spanned several technological challenges facing society and Kevin’s insights, based on decades around and in the tech sphere, were explored. I greatly enjoyed both interviews!
The focus of much of my research and writing is the role of secrecy in intellectual property and its impact on governmental operations and society. Thus, I’m very pleased to post two more shows for the summer quarter, part of a three-part secrecy series for the summer. The first show, Show #143, July 13, is my interview with Prof. Archon Fung of the JFK School of Government at Harvard University, discussing transparency and technology. Archon has written extensively on transparency, democratic governance and technology, and we focused on some of his recent writings in the area, including his book chapter Open Government and Open Society in Open Government, edited by Daniel Lathrop and Laurel Ruma. Archon’s insights on the role of technology in transparency and the current state of open government were among the topics of this wide-ranging and fun discussion.
The second show, Show #144, July 20, is my interview with Micah Sifry of the Personal Democracy Forum, author of WikiLeaks and the Age of Transparency. Micah has written a wonderful study of Julian Assange, WikiLeaks and its role in government operations and our view of government as a whole. We focused not only on WikiLeaks but more broadly on how government can and should operate in the face of massive technological changes in the power of governments to both share and control information. I hope that you enjoy the conversation as much as I did!
I’m pleased to post the first show in the summer quarter, Show #142, June 29, my interview with Prof. Michael Risch of Villanova University School of Law. Mike discussed his article Patent Troll Myths, forthcoming in Seton Hall Law Review. Patent trolls are getting increasing attention as the parasite of the patent world, entities that buy patent portfolios for the express purpose of bringing actions for patent infringement. We discussed the empirical research that Mike did to identify the who and what of patent trolls, which lead to some surprising findings. I enjoyed the conversation and expect to see more of patent trolls in future shows!
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