Law Commons^™

Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection, Henry Perritt, Albert Plawinski

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With millions of small drones in private hands, the FAA continues its struggle to develop an effective regulatory regime to comply with Congress’s mandate to integrate them into the national airspace system. Thousands of individuals and small businesses have obtained authorization from the FAA—"section 333 exemptions"—allowing them to fly their drones commercially. Farmers, TV stations, surveyors, construction-site supervisors, real estate agents, people selling their properties, and managers seeking cheaper and safer ways to inspect their facilities, want to hire the exemption holders, but many are holding back until the FAA clarifies the groundrules.The FAA understands that its traditional approach for …

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.

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The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.

Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …

The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Richard Warner, Robert H. Sloan

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We focus on privacy in public. The notion dates back over a century, at least to the work of the German sociologist, Georg Simmel. Simmel observed that people voluntarily limit their knowledge of each other as they interact in a wide variety of social and commercial roles, thereby making certain information private relative to the interaction even if it is otherwise publicly available. Current governmental surveillance in the US (and elsewhere) reduces privacy in public. But to what extent?

The question matters because adequate self-realization requires adequate privacy in public. That in turn depends on informational norms, social norms that …

Self, Privacy, And Power: Is It All Over?, Richard Warner, Robert H. Sloan

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The realization of a multifaceted self is an ideal one strives to realize. One realizes such a self in large part through interaction with others in various social roles. Such realization requires a significant degree of informational privacy. Informational privacy is the ability to determine for yourself when others may collect and how they may use your information. The realization of multifaceted selves requires informational privacy in public. There is no contradiction here: informational privacy is a matter of control, and you can have such control in public. Current information processing practices greatly reduce privacy in public thereby threatening the …

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

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No abstract provided.

Drones, Henry H. Perritt Jr., Eliot O. Sprague

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Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article evaluates drone technology and design …

Beyond Notice And Choice: Privacy, Norms, And Consent, Richard Warner, Robert Sloan

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Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.

Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission …

Digital Originality, Edward Lee

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This Article examines the doctrine of originality in U.S. copyright law and proposes a reconfigured, three-part test that can better analyze issues of first impression involving works created with new digital technologies. The proposed test, encapsulated by the concept of digital originality, provides much needed guidance to courts to address the increasing complexities of digital creations in the twenty-first century.

The Conundrum Of Cameras In The Courtroom, Nancy S. Marder

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In spite of a communications revolution that has given the public access to new media in new places, the revolution has been stopped cold at the steps to the U.S. federal courthouse. The question whether to allow television cameras in federal courtrooms has aroused strong passions on both sides, and Congress keeps threatening to settle the debate and permit cameras in federal courts. Proponents of cameras in federal courtrooms focus mainly on the need to educate the public and to make judges accountable, whereas opponents focus predominantly on the ways in which cameras can affect participants’ behavior and compromise the …

The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.

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This Article looks back over the Internet’s first twenty years, highlighting the crucial legal decisions by the executive, legislative, and judicial branches that have led to the Internet’s success, and which now frame its constitution. I participated in many of these decisions and wrote more than a dozen law review articles and reports suggesting directions for public policy and law. This Article uses this foundation to consider the future, focusing on major legal controversies, the resolution of which will define the Internet’s third decade—either strengthening or undermining its constitution.

Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee

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This book review analyzes - and remixes - Lawrence Lessig's last copyright-related book, "Remix." It takes the central ideas, including some quotations, from Remix, and transforms them with some new examples and commentary of my own. Part I summarizes and critiques Lessig’s discussion of (1) the remix and read-write (RW) culture, and (2) its relationship to the sharing, commercial, and hybrid economies. Part II discusses some of Lessig’s reform proposals for our copyright system to foster a remix culture.

Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder

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No abstract provided.

Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt Jr.

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No abstract provided.

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

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No abstract provided.

Book Review: Lawrence Lessig, Code And Other Laws Of Cyberspace, Henry H. Perritt Jr.

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No abstract provided.

Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr.

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No abstract provided.

Economic And Other Barriers To Electronic Commerce, Henry H. Perritt Jr.

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No abstract provided.

The 1% Solution: American Judges Must Enter The Internet Age (With Ronald W. Staudt), Henry H. Perritt Jr.

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No abstract provided.

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

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No abstract provided.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.

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No abstract provided.

Achieving Legal And Business Order In Cyberspace: A Report On Global Jurisdictional Issues Created By The Internet, Margaret G. Stewart

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No abstract provided.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

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No abstract provided.

International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr.

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No abstract provided.

The Internet Is Changing The Face Of American Law Schools, Henry H. Perritt Jr.

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No abstract provided.

False Alarm?, Margaret G. Stewart

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No abstract provided.

The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.

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No abstract provided.

The Internet Is Changing International Law, Henry H. Perritt Jr.

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No abstract provided.

Cyberspace Self-Government: Town-Hall Democracy Or Rediscovered Royalism?, Henry H. Perritt Jr.

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No abstract provided.

Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr.

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No abstract provided.

Mapping The Information Superhighway, Henry H. Perritt Jr.

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No abstract provided.