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Law & Tech Resources

You might be tempted to ask “where do you go to find updates about technology and the law?” Well, from the tech side of things, here’s where I go:

http://arstechnica.com/tech-policy/

It’s available as an RSS feed, which is available here:

http://feeds.arstechnica.com/arstechnica/tech-policy/

Ars Technica’s “Law and Disorder” section is dedicated the the legal aspect of all things technological. So of the two (law and technology), it probably has more to do with technology than strictly the law. After all, the main website “Ars Technica” translates roughly from Latin as “The Art of Technology.” Not everything on their site is really worthy of further discussion, but there are some very important and timely articles that could provide a steady diet of technology and law for the discourse on this blog.

Anyone know of additional technology and law resources? I’d especially be interested in the flip side – the technological aspects of all things legal. Perhaps any law students out there could lend a hand?

Net Neutrality Discussion

I’d like to take this opportunity to invite anyone interested in joining the fledgling Digi-Docket blog that I have started with my wife Mandy to discuss matters both technological and legal. Interested? Send me an email at curtis.bunner@gmail.com and I’ll create an account for you.

Don’t worry, you don’t have to be an expert at either law or technology. The nexus of the two is relatively unexplored and will only become more important to our society as technology continues its inexorable expansion towards ubiquity.

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Net Neutrality
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As you can probably guess by the following list of articles, I’ve been doing a bit of reading on the topic of Net Neutrality:

Editorial: “Network neutrality” or “network neutering”?
EU taunts US: Net neutrality’s better here
FCC to investigate “gating” role of middle-mile access lines
The Internet is about to die. Literally die!

GOP senators: Net neutrality rule making must be bipartisan
Line sharing best solution for slow, expensive US broadband
FCC proposes network neutrality rules (and big exemptions)
House, Senate get separate bills to kill net neutrality
Did Congress really give the FCC power to protect the ‘Net?
EU adopts “Internet freedom” provision on Internet cut-offs

The ramifications of this issue would be technologically profound, and set legal precedent for years to come. At stake is the right of Internet Service Providers (ISPs) to control what types of content or services they allow or prioritize on their networks, and the essential freedom that has allowed the Internet to grow to its present size and complexity.

The lobbying sides are pretty clearly drawn. ISPs (i.e. telecom companies) are opposed to Net Neutrality and want to control what types or content or services are allowed or prioritized on their networks. Content and service providers (Google, Vonage, etc) are in support of Net Neutrality and want equal access to bandwidth on ISP networks.

Consumers fall somewhere in the grey area between, as the “benefits” to them vary depending on which argument you agree with. An anti-Net Neutrality argument might state that without the ability to control content and services provided, there’s no way distinguish the heavy users and services from the less bandwidth intensive ones, leaving ISPs with lost profits. A pro-Net Neutrality argument might state that without free and equal access to Internet bandwidth, the level playing field will be lost and incentives for innovation will be stifled.

Which side makes the best argument? I don’t really know, to be honest. But given that bills are being passed in Congress as we speak which will (in a sense) determine the long-term fate of the Internet, it might be worth some thought.

Anyone interested in a discussion?

Gmail and the Future of Email Ownership

The academic institution I work for (Case Western Reserve University) has begun the transition from using an internally-maintained email and calendaring system to one hosted by Google, called Google Apps. The question that came to mind when I thought about the differences between an in-house vs. a third party email solution was “who owns that email?

Why should that matter, though? Well, it matters in cases where the university needs to have access to those emails for legal reasons (someone filing suit against an individual at the university or the university itself). With a personal Gmail account, a court order to search someone’s email account would have to be approved before Google would hand over the keys to one of its users’ accounts. That can put a hamper on investigating the allegations (at least from the standpoint of the university’s internal investigation).

So I wondered, does Gmail take ownership of the email it handles? Or do the individuals who sign up for the account? Or the university or other organization that uses Google Apps? Well, this is a distilled version of Google’s legal philosophy, found by searching on Google, coincidentally:

Google does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Gmail account. We will not use any of your content for any purpose except to provide you with the Service.

- Source http://www.google.com/mail/help/legal_notices.html

So, what about Google Apps? How does Google handle the relationship between the End Users who will actually sign up for their Google Apps accounts and the entity under which those accounts are created (i.e. the university, corporation, or other entity)? Taking a look at the Terms of Agreement for the Google Apps service provides some detail:

http://www.google.com/apps/intl/en/terms/premier_terms.html

Essentially, Google cedes ownership of all content sent through or stored in their system to the “system administrator” that an organization appoints. The email belongs to the institution, not the individual. Businesses pay to have someone else do all the heavy lifting of email IT infrastructure, while paying a reasonable fee for the service. Educational institutions get an even better deal. Colleges and universities can setup Google Apps accounts for all its users for FREE.

Is Google just being really generous here? Partly. Most of Google’s revenue comes from search advertising. But there’s a reason for Google to offer free email accounts to educational institutions. One word: Eyeballs. The more users signed up for Gmail, the more eyeballs that will be viewing the inconspicuous text ads woven into the Gmail interface. So while Google does front a lot of technological infrastructure and maintenance to its Google Apps users, it also turns a profit on the advertisements it inserts into the Gmail interface.

So, it appears as though a Google Apps account doesn’t differ significantly from an in-house email system after all. A comforting thought, considering I’ll be assisting numerous staff and faculty members make the switch. Knowing that the email ownership paradigm will remain the same even under the new email system.

Genesis

This is the first – albeit brief – post for this new blog that will primarily focus on the intersection of law and technology; an area that is still in its infancy. This blog is a collaboration between myself and my wife Mandy. Our intent with this blog is to be able to bring our two areas of ‘expertise’ into a blog of mutual interest. I have been enamored with everything technological or computer-related since I was a kid, and currently work for Information Technology Services at Case Western Reserve University in Cleveland, Ohio. Mandy has worked for a major law firm, done freelance legal research, and is currently starting her first week of law school at the University of Akron.

We hope that this blog can help to explore what is largely uncharted territory, and try to keep pace with a dynamic and increasingly complex subject of interest: the nexus of law and technology.