Matal v. Tam, a case in which Asian musicians challenged an Obama administration attempt to use an old, obscure provision of US trademark law to argue that the US government can lawfully disadvantage any speech that might be deemed “disparaging” by at least a significant minority of the members of any US ethnic, racial, or religious minority. Tam has important, positive implications for both US trademark owners and US media and technology policy.
no longer be available in China. This is notable, because the Times app bypassed Chinese internet censorship, and so Apple is meaningfully reducing Chinese access to unfiltered media. According to Apple, this action was in response to a declaration by the Chinese government that the app violates local law. The story has been widely reported and has caused some concern about the precedent being set. Should US companies aid in Chinese censorship? This question in turn reflects a broader unease about the way that multinational technology companies enable government misbehavior.
In this age of internet hate, it’s time to revise limits on free speech.”In it, Guiora calls for overruling the Supreme Court’s 1969 per curium decision in Brandenburg v. Ohio because he believes a new standard for evaluating what types of internet speech are tolerable is needed. Upon closer examination, this is a speculative, evidence-free call to criminalize speech. While hardly unique,it is useful to examine why we should reject the latest panicky argument for regulating internet speech.
Google’s announcement this week that it has reached a deal bringing faster internet access to Cuba. In the words of a Google press release, the agreement, signed in Havana on Monday by the company’s executive chairman, Eric Schmidt, allows Cuba’s state telecom monopoly Empresa de Telecomunicaciones de Cuba S.A. (ETECSA) “to use our technology to reduce latency by caching some of our most popular high-bandwidth content like YouTube videos at a local level. This in turn means Cubans who already have access to the Internet and want to use our services can expect to see an improvement in terms of quality of service.”