I’m pleased to post Show #205, February 26, my interview with Prof. Susan Sell of the Elliott School of International Affairs at The George Washington University on international relations and transparency. Susan is one of the leading experts on the processes and conditions that allow for international relations and negotiations to operate effectively and openly. As a scholar with years of experience observing and writing about the nuances of negotiation and diplomacy, her insights with regard to the recent and ongoing battles over the Trans Pacific Partnership (TPP) negotiations are key to our collective understanding of the state of international relations today. We discussed a variety of issues related to the current state of the TPP negotiations and international diplomacy generally. As a huge fan of her work, I greatly enjoyed our discussion.
New semester, and new projects, means that I’m only now posting the last four shows from the summer quarter. They are:
First, Show # 189, July 17, is my interview with Valentin Dander, PhD candidate at the University of Innsbruck, on open government data. I met Valentin at MIT8, a wonderful conference where this law professor got to meet with and learn from many fascinating communications scholars, some of whom will be future guests on Hearsay Culture. Having heard Valentin’s talk on open government data, I thought it would be a great topic for the show — and it was! We discussed the theory underlying and need for open data structures in government, and their ramifications. I greatly enjoyed the interview!
The second show, Show #190, July 24, is my interview with Prof. Deven Desai of Thomas Jefferson Law School, on 3D printing. Deven’s work focuses on the implications of 3D printing — the ability to “copy” physical objects — in the intellectual property sphere, particularly patents. The dramatic impact of 3D printing is only now beginning to be felt and weighed by scholars, policymakers and society, so I was very excited to have Deven on the show to discuss his early insights. I very much enjoyed the interview!
Additionally, I’m pleased to post the third show, Show #191, August 14, my interview with Prof. Michael Rich of Elon University School of Law, on technology and crime. Mike, who is not only a colleague but a friend, has been doing cutting-edge work on the question of how technology can be used to prevent crime, and the ramifications of using such technology. During our discussion, we focused on two of his articles examining the contours of this issue, from what we mean by “perfect prevention” of crime to the technological limitations of such efforts. As always, I greatly enjoyed by conversation with Mike and consider myself fortunate to work with him at Elon.
Lastly, I’m thrilled to post Show #192, August 23, my interview with Tim Jordan of King’s College London on hacking. Tim is (and has been) doing fascinating work on the question of how the Internet has changed communication practices. Drawing on the worlds of 19th century Australian pioneers and modern-day virtual world gamers, Internet, Society and Culture: Communicative Practices Before and After the Internet, published by Bloomsbury, was a terrific book from which to draw many enlightening and fun points of discussion. I learned much and loved the interview.
I am now in the process of setting the schedule for the Fall 2013 quarter, so please look for the schedule by the end of September (I am excited to note that the first guest will be Prof. Anupam Chander of UC Davis Law, author of the just-released book The Electronic Silk Road). In the interim, please email me at email@example.com if you have any comments, questions or suggestions for future guests. Thanks for listening!
A semester of much administrative and other work left little time for posting new shows, even though they were “in the can” and even aired on KZSU-FM, Hearsay Culture’s home station. So, as a holiday gift, I’m now posting the last three shows of the fall quarter.
The first show, Show #175, October 17, is my interview with Amardeep Singh, Director of National Programs at the Sikh Coalition. Amar is one of the co-founders of the main organizations representing the Sikh community in the United States. A classmate of mine from Case Western Reserve University School of Law (Amar was class of 1997; I was class of 1998), Amar has focused on increasing awareness and understanding of the Sikh community. In our discussion, we discussed hate speech on the Internet, cyberbullying and other challenges facing the Sikh community post 9/11.
Show #176, November 6, is my interview with Stefan Larsson and Marcin de Kaminski of Lund University. We discussed their work on copyright infringement/piracy and Pirate Bay in Sweden. Marcin and Stefan are two of Sweden’s highly-active scholars examining Sweden’s copyright and technology culture, and their work is unique in its empirical scope and depth. We had a wide ranging discussion and I look forward to more interaction with these dynamic thinkers.
Finally, Show #177, November 20, is my interview with Prof. Tom Streeter of the University of Vermont, author of the book The Net Effect: Romanticism, Capitalism and the Internet. Tom’s book is a phenomenal social history of the development of the Internet, from its well-known inception at DARPA to its lesser-known incarnations in World War II policymaking. Tom’s does a terrific job melding this social history into a highly-readable and thoroughly-researched assessment of what the Internet is, and what it isn’t. I highly enjoyed both Tom’s book and the interview, and I hope that you find Tom and our interview as illuminating as I have.
The schedule for the winter quarter 2013 will be posted soon; look for new shows beginning the week of January 14. Happy new year!
At long last, I am posting several new shows from the end of last quarter and the beginning of this quarter.
The first show, Show 170, August 7, is my interview with Prof. Woodrow Hartzog of Cumberland School of Law, Samford University and Fred Stutzman of UNC on their article, The Case for Online Obscurity. In their article, Woody and Fred conceptualize “obscurity” as an area on the information flow spectrum from publicity to privacy. Although people often interact with technology from the perspective of something other than complete privacy or publicity, Woody and Fred note that the parameters of that activity — obscurity — has not been theorized. In our discussion, we explore the theory and practice underlying obscurity. They were great guests.
Next, Show 171, August 21, is my interview with Dr. Deborah Peel. Deb is one of the nation’s leading advocates on patient privacy rights and the rights associated with the distribution of health information. In our interview, we discussed her work and views on the challenges facing both patients and the healthcare industry as we confront the explosion of information stored in electronic format. I greatly enjoyed the discussion.
Show 172, August 28, is my interview with Prof. Madhavi Sunder of UC Davis School of Law, author of From Goods to a Good Life: Intellectual Property and Global Justice. Madhavi has written a fascinating book arguing that the process of production, and not just the outputs, should be a value that intellectual property law encompasses. In her book, she explores the implications of such a shift on communities in developing economies and other groups who are not generally considered in intellectual property’s utilitarian scheme. I learned much and we had a fun interview.
The fourth show, Show 173, October 3 is my interview with Prof. Chris Sprigman of Virginia Law, co-author of The Knockoff Economy. Chris and his co-author Kal (who did not join us on the interview) have written a fascinating account of industries and communities, like fashion and comedy, where intellectual property law is non-existent and/or unenforced. They found, somewhat surprisingly to those who view intellectual property law as a necessary requirement to spur innovation and economic activity, that these industries thrived despite the absence of intellectual property rights. We had a broad and high-energy discussion.
Finally, Show 174, October 10, is my interview with Prof. Shubha Ghosh of the University of Wisconsin School of Law, author of Identity, Invention, and the Culture of Personalized Medicine Patenting. Shubha is a prolific scholar who has written a study of the law surrounding and implications of personalized medicine from a patent law perspective. Given the advances in technology that allow for a vast array of data to be used in the treatment of patients, patent law is at the center of the questions as to the parameters of this activity. Shubha was able to discuss a challenging area in a clear and concise way, and I greatly enjoyed the interview.
A final note: since the show began in May 2006, Joe Neto, Stanford Law School’s wonderful creative services specialist and Funkranomicon lead vocalist, was responsible for posting the shows onto CIS’ server. After six years and 170 shows, he has handed that job over to CIS’ Elaine Adolfo. Thanks much to Joe for his work, and to Elaine for taking over the reigns!
I’m pleased to post the last three shows of the spring quarter.
The first, Show #163, May 22 is my interview with Prof. Lea Shaver of Hofstra Law regarding her article Illuminating Innovation. Lea focuses on the story of Edison’s invention of the lightbulb, but draws some surprising conclusions about its import to intellectual property law and, through discussion of less well-known aspects of the story, reaches some surprising results. Drawing on Lea’s deep knowledge of the issues surrounding one of the seminal inventions of the modern era, I very much enjoyed the discussion.
The second show, Show #164, May 29, is my interview with Christopher Soghoian and Stephanie K. Pell, co-authors of Can You See Me Now?: Toward Reasonable Standards for Law Enforcement Access to Location Data that Congress Could Enact. Chris and Stephanie discuss the largely unknown (and not understood) issues surrounding the use of technological location data (think, GPS on your cell phone) by law enforcement. Their combined knowledge, drawn from the worlds of technology/security and law enforcement, respectively, makes for an unusually thorough examination of this challenging issue. We discussed the technology, how its used, and what to do about it. I learned from and enjoyed the interview.
Finally, the last show of the spring quarter, Show #165, June 5, is my interview with Marvin Ammori, author of First Amendment Architecture. Marvin has written an exhaustive analysis of how architecture, be it technological or physical, or as Marvin calls them, “spaces,” play into the law surrounding the First Amendment. This important but under-theorized issue is critical to the ability to maintain and protect the ability to speak in a technologically unstable time. The issue of spaces is thoroughly analyzed in Marvin’s article, and we discussed his theories and their ramifications going forward in this fun and enlightening discussion.
I am in the process of finalizing the schedule for the summer quarter, so look for that on Monday!
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).
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.
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!
I am pleased to post the last four shows of the spring quarter.
The first, Show # 138, May 10, is my interview with Pamela Long, co-author of Obelisk: A History. Obelisks are not a common topic on Hearsay Culture — in fact, they had never been mentioned before. But Pam’s book is right up Hearsay Culture’s alley, as we discussed the engineering and technology surrounding these ancient Egyptian monuments. From a technological standpoint, these objects are a fascinating symbol of human ingenuity, and the discussion allowed for an insightful analysis of their import and meaning, technologically, politically and spritually.
The second show, Show #139, May 17, is my interview with Prof. Mario Biagioli of UC-Davis School of Law, Director of the Center for Innovation Studies. Mario is a historian who has spent much time studying the role of secrecy in innovation, along with other varying topics, in a long and distinguished career. In this discussion, we focused on his work examining the role of the patent specification (descriptions of the proposed patentable invention in a patent application) in the political and social history of the United States. Mario’s work is critical in the burgeoning field of secrecy studies and I very much enjoyed our discussion.
Third is Show #140, May 24, my interview with Prof. Kevin Werbach of The Wharton School, University of Pennsylvania. In this interview, we focused on Kevin’s article The Network Utility. This article, drawing on Kevin’s background with and knowledge of the Federal Communications Commission (FCC), examines some forgotten early technology caselaw that treated computers and computer communications as utilities. We discussed this caselaw, as well as the role of the FCC in regulating the Internet and the “cloud.” I greatly enjoyed our chat.
Finally, Show #141, May 31, is my interview with Profs. Andy Haile and Scott Gaylord, my colleagues at Elon University School of Law. Andy and Scott have written a comprehensive analysis of the problems facing state taxation authorities in collecting owed revenue from e-commerce entities like Amazon. In their article, they examine this issue and propose solutions. In the course of our discussion, which was the first in-studio recording that I’ve done since I left Stanford (physically) in 2007, we discussed the speech and privacy concerns attendant with this issue, as well as their proposed solutions. I enjoyed the talk!
The next quarter on KZSU will begin at the end of June. I’m looking forward to an exciting schedule of guests! Thanks, as always, for listening, and enjoy the month!