Today, Wednesday August 28 2013, the ISOC-NY TV show will present an edited version of the NYC Digital Roadmap listening session in Staten Island on July 23 2013, which includes a presentation from NYC Digital’s Seema Shah. The show, which airs from 2-3pm, may be viewed via Manhattan Cable or online via the MNN website.
What: ISOC-NY TV Show – NYC Digital Roadmap listening session in Staten Island Where: Manhattan Neighborhood Network When: Wednesday August 28 2013 2pm-3pm EDT | 1800-1900 UTC Manhattan Cable: TWC 56 | RCN 83 | FiOS 34 Webcast: http://www.mnn.org/live/2-lifestyle-channel
With respect to U.S. case law,the research indicates that issues surrounding Internet jurisdiction gravitate toward the Ninth Circuit and the Second Circuit more so than other federal circuits. Further, the research demonstrates that, contrary to the body of academic literature, U.S. courts predominantly adjudicate matters of personal jurisdiction in Internet cases rather than other subsets of jurisdiction, and that Internet jurisdiction issues trend toward intellectual property and defamation cases. With regard to how Internet jurisdictional matters are settled within U.S. jurisprudence, the research results indicate that the Zippo and Calder tests remain the dominant ones applied, but that these tests are not mutually-exclusive. Although Zippo is most often applied in matters of specific jurisdiction, there exists a varied and, at times, blurred framework which incorporates the Zippo sliding scale and Calder’s effects test, as well as traditional standards for personal jurisdiction. Therefore, although the landscape for Internet jurisdiction matters has clear, predominant legal standards and tests, on the whole, when and how these are applied by U.S. courts lacks uniformity.
A companion study, “Internet Jurisdiction: A Survey of German Scholarship and Cases” was issued simultaneously. It reports that, although various trends can be identified within German and EU case law, no consensus on the treatment of international jurisdiction can be ascertained.
From its conclusion:
Within the discussion of the courts’ power over litigants, three trends can be identified in the opinions. First, this report shows that one view regards the mere accessibility of a website as a determinative factor that establishes jurisdiction everywhere in the world. This concept is often called “flying jurisdiction.” A second view adds the element of “intention” and would require intentional accessibility. Finally, the report shows that the third view treats the German Federal Supreme Court’s New York Times decision as introducing a new test wherein the website needs to have an objective domestic connection. Articles discussing this case focus on three main issues. First, articles describe the test as too vague and too imprecise to achieve legal certainty, however they note that the court at least made clear that mere accessibility is insufficient. Second, some articles raise the question of whether that test can and should have a broader application beyond the scope of personality rights cases, e.g. in intellectual property rights infringement cases. Lastly, a few articles find it unfortunate that the eDate decision of the European Court of Justice failed to establish equal treatment of § 32 ZPO and Article 5(3) of the European Regulation 44/2001, and missed the chance to create uniformity in Europe and Germany.
IETF 87 in Berlin, Germany, wrapped up on August 2, 2013. It was the biggest IETF ever and generally considered a big success. IETF Chair Jari Arkko recently published his summary of IETF 87 on the IETF Blog highlighting what he felt were some of the more important aspects. Dan York of the Ineternet Society’s Deploy360team interviewed Jari on his thoughts about the meeting. Video is below. It has English subtitles.
The IPv6 Hackers list was created in August 2011 to provide a forum for IPv6 professionals to discuss low-level IPv6 networking and security issues that could eventually lead to advances and improvements. In July 2013 they held their first ever F2F meeting during IETF 87 in Berlin. Dan York of the Internet Society’s Deploy 360 team shot video.
August 9 2013 was the final day of the 10 week long 2013 hackNY Summer Fellows program, which places a number of students from colleges as far away as California and Puerto Rico with NYC startups, and also houses them in NYU dorms. On the evening before, the fellows had the opportunity to demo either their intern work, or another project of their choice. In a 90 minute session 29 demos covered everything from sophisticated data visualizations to competitive twerking to music sharing using webRTC to displaying facebook as a unix file system to rooting out spam blogs on tumblr. An appreciative audience included a large contingent from Girls Who Code. Video is below. Go to the YouTube description to skip to individual demos.
On January 23 2013 Goodnik hosted a meetup – New Year, New Social Enterprise Tech – at New Work City NYC. Presented platforms were Charitable Checkout – a system of rewarded giving for celebrity-sponsored causes; ThreeRing – a simple method for teachers to document their students progress; Standbuy.us – a crowd funding platform specifically created to ease the financial stresses of cancer; Fiestah – a contact resource for event planners; and iGiveMore – a web platform for charitable fundraising. Video is below. Go to the YouTube link to skip to individual segments.
On Saturday August 3 2013, Richard M. Stallman, author of the EMACS text editor, inventor of the GNU operating system on which Linux is based, and founder of the Free Software Foundation, was inducted into the Internet Hall of Fame. Two days later, on Monday August 5 2013, he was here in NYC to speak at an Internet Society New York Chapter (ISOC-NY) and hackNY sponsored event at the Courant Institute at NYU. Richard Stallman will address the NYC technological community, including hackNY’s summer fellows, on the importance of utilizing and creating free and open software solutions, and opposing restrictive intellectual property regimes. Video/audio is below. Sorry, no transcript at present.
On January 22 2013 the Copyright Society of the USA NY Chapter presented: “Look Before You Tweet (or Post, or Pin): Copyright Enforcement (or not) in Social Media” at The Princeton Club in NYC. A panel of experts examined the copyright issues cropping up around social media sites like Pinterest, Instagram, Facebook, YouTube and Twitter. For example, what are the implications for owner, poster and site for inclusion of copyrighted works on a social media site? When does it make business sense for a copyright owner to take action? How does a copyright owner or user go about creating policies and navigating various terms of service on an ever-growing number of social media sites? And how do these social media sites take licenses for and otherwise approach copyrighted contect posted on their sites? Panelists: Heidi Garfield – Corporate Counsel, Shutterstock, Inc.; Jeanne Hamburg – Partner, Norris McLaughlin & Marcus, P.A.; and Sacha Tarrant – Director of Digital Rights Strategy & Enforcement at NBA Properties, Inc. Moderator was Eleanor M. Lackman – Partner at Cowan DeBaets Abrahams & Sheppard LLP. Video/audio is below. No transcript.
Internet Society Board of Trustees Calls on the Global Internet Community to Stand Together to Support Open Internet Access, Freedom, and Privacy
Fundamental ideals of the Internet are under threat
[Berlin, Germany, 4 August 2013] – The Internet Society Board of Trustees during its meeting in Berlin, Germany today called on the global Internet community to stand together in support of open Internet access, freedom, and privacy. Recently exposed information about government Internet surveillance programs is a wake-up call for Internet users everywhere – the fundamental ideals of the Internet are under threat.
The Internet Society Board of Trustees believes that government Internet surveillance programs create unacceptable risks for the future of a global, interoperable, and open Internet. Robert Hinden, Chair of the Board of Trustees, stated, “Berlin is a city where freedom triumphed over tyranny. Human and technological progress are not based on building walls, and we are confident that the human ideals of communication and creativity will always route around these kinds of attempts to constrain them. We are especially disappointed that the very governments that have traditionally supported a more balanced role in Internet governance are consciously and deliberately hosting massive Internet surveillance programs.”
In the brief period since these surveillance programs were revealed to the general public, the Internet Society Board stated there are already chilling effects on global trust and confidence on the Internet ecosystem. The fact that information about surveillance programs is emerging primarily from countries with a long history of supporting the open Internet is particularly disturbing. As the next billion people come online, these countries should be expected to demonstrate leadership in support of the values that underpin the global Internet. In the wake of these announcements, the Internet Society encourages a return to multistakeholder cooperation to preserve the benefits of the Internet ecosystem for all.
The Internet Society Board of Trustees expects governments to fully engage with their citizens in an open dialogue on how to reconcile national security and the fundamental rights of individuals. Security should not be at the cost of individual rights and, in this context, the Board welcomes the initiative by some civil society organizations to promote “International Principles on the Application of Human Rights to Communications Surveillance.” The Internet Society endorses these principles, and emphasizes the importance of proportionality, due process, legality, and transparent judicial oversight. The Internet Society believes that surveillance without any such safeguards risks undermining the sustainability of the open Internet.
“In the spirit of the pioneers and early innovators of the Internet that were honored this week at the 2013 Internet Hall of Fame ceremony, we urge the global Internet community to defend against attempts by governments to fragment the Internet either through overt regulation or hidden surveillance programs,” commented Lynn St. Amour, President and CEO of the Internet Society. “We must reassert the global spirit of community that is at the heart of the Internet’s growth and success, and stand firm in our belief that openness and collaboration is the best path forward.”
I, salute, and applaud the ISOC position and efforts to keep the Internet Free.
Liberty and Prosperity for All!
You are not alone and are in my prayers for every success.
Friar Charles B.A. Hanley ofm Cap.
Over regulation on the Internet usage will seriously dampen the very spirit of liberality that set it up in the first place. We should do all we can to stem the ugly slide!
On August 1 2013 the 21st Century Democracy & Technology Meetup hosted a NYC Civic Tech Demo Night at Tipping Point Partners NYC. Introducing the night was Tipping Points founder and CEO Art Chang, who revealed a forthcoming expanded collaboration – a “tech campus” – between his firm, New York Law School, and other institutions.
Presenting first was FundElevator, a new crowdfunding platform for both causes and politicians that will have its soft launch in the next few days.
The second was NYC Votes. Art Chang is also the Chair of NYC Voter Assistance Advisory Committee(VAAC), part of the NYC Campaign Finance Board‘s (CFB) Voter Assistance Unit, as reconstituted by the 2010 Charter Commission. The CFB has three primary mandates: administering the Campaign Finance Program, publishing the Voter Guide, and overseeing the Debate Program. The CFB provides easily accessible and comprehensive information on candidates’ campaign finance and works to make candidates and elected officials more responsive to New York City citizens, rather than special interests, by reducing the opportunity for campaign contributors to influence candidates and elected officials and by providing a means for credible candidates who might not have access to “big money” to run competitive campaigns via a matching funds program. To assist in this purpose the VAAC spawned the 21st Century Democracy project which in turn spawned a Digital Action Working Group of leading local techies,namely AppOrchard, Method, and Pivotal Labs, who set to work on creating an app – NYC Votes – to help achieve the CFP’s purpose. NYC Votes is aimed to provide the complete voting experience from registering to vote, to learning about the candidates, to funding candidates (thereby gaining them 6x NYC matching funds), to casting a vote at the poll site on Election Day. The app is scheduled to go live on Aug 7 2013 at the New York Tech Meetup. This night was something of a dress rehearsal for that.
View on YouTube: http://youtu.be/GFB90PvU4OQ Transcribe on AMARA: http://www.amara.org/en/videos/uH601JQul4ez/ Twitter: #civictech | #nycvotes Speakers:
Art Chang – Chair, NYC Voter Assistance Advisory Committee
Mickey Costa – CEO, FundElevator
James Schuler – CTO, FundElevator
Amy M. Loprest – Executive Director, NYC Campaign Finance Board
Rusty Munro – Creative Director, Method
Michael Schubert – Managing Director, NYC, Pivotal Labs
Michael Carlson – Product Manager, AppOrchard
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