David Post, David Levine, and Mark Lemley and a group of more than 90 prominent IP law professors have signed a letter objecting to the far-reaching PROTECT-IP bill, introduced by Senators Leahy, Shumer, Grassley, Feinstein, Whitehouse, Graham, Kohl, Coons and Blumenthal. PROTECT-IP is your basic batshit insane Internet law that would establish a Great Firewall of America that entertainment executives could use to censor the American Internet; it would require PayPal and credit card companies to police the copyright practices of their users; and it would mandate more domain seizures on accusation of copyright infringement.
The copyright scholars who signed the letter argue that PROTECT-IP is unconstitutional, that it jeapordizes the integrity of the Internet and America's standing as a force for free speech in the world.
The Supreme Court has made it abundantly clear that governmental action to suppress speech taken prior to "a prompt final judicial decision . . . in an adversary proceeding" that the speech is unlawful is a presumptively unconstitutional "prior restraint,"1 the "most serious and the least tolerable infringement on First Amendment rights,"2 permissible only in the narrowest range of circumstances. The Constitution "require[s] a court, before material is completely removed from circulation, . . . to make a final determination that material is [unlawful] after an adversary hearing."3
And Speaking of the Inalienable Right to the Pursuit of Happiness . . .
The Act fails this Constitutional test. It authorizes courts to take websites "out of circulation" - to make them unreachable by and invisible to Internet users in the United States and abroad -- immediately upon application by the Attorney General after an ex parte hearing. No provision is made for any review of a judge's ex parte determination, let alone for a "prompt and final judicial determination, after an adversary proceeding," that the website in question contains unlawful material. This falls far short of what the Constitution requires before speech can be eliminated from public circulation.4
David Robinson used the data from the 28,657 people who self-selected to take the Stack Overflow survey to investigate the relationship between programmer pay and the conventions of using either tabs or spaces to mark indents, and found a persistent, significant correlation between using spaces and bringing home higher pay.
It’s the end of an era, sort of: Fraunhofer IIS, the developers of the MP3 audio compression format, announced that they are ceasing their licensing program. In a blog post, spokesman Matthias Rose says that it’s had a good 20-year run and is obsolete. But it’s also true that the decoding patents expired last year, […]
Freddy deBoer writes that he’s been telling the same joke for years about Silicon Valley’s only product, which might be universalized as “At last, a way to verb with nouns on the internet!” But the social-media techopoly is stable, now, and so the venture capitalists have moved on to the three terrible trends that will […]
Learning a new language will give your resume an upgrade, sure, but it will also provide a huge cognitive boost for mental tasks outside of translation and conversation. Bilingual brains have been shown to be better at handling multiple concurrent tasks, and gaining fluency in a new tongue is an amazing way to improve memory, […]
If you struggle to get a good night’s rest, consider replacing your pillows before dropping hundreds on a new mattress. You can give your tired neck a break with a 2-pack of memory foam pillows, available now in the Boing Boing Store.Each of these pillows is stuffed with cooling polyurethane foam that molds to your […]
Although flagship smartphones are unlikely to adopt heavy-duty outer casing anytime soon, you can always prepare your device for the outdoors with a beefy case and and an external battery like this Nomad Tile Trackable PowerPack, available in the Boing Boing Store for $119.95.The Nomad Tile can fully recharge an iPhone 7 over three times […]