Wearable Devices as Copyright Enforcement Tools

What if, instead of being a copyright infringement threat, wearable technology became copyright’s ultimate enforcement tool? Copyright enforcement will be a major challenge in the medium of augmented reality. The mass lawsuits of the past two decades against file-sharers and signal pirates have required a significant amount of detective work and discovery to connect individual[...]

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FTC: Social Media Contests Are Endorsements, Require Disclosure

“This pin motivated by my desire to win fabulous prizes.” That’s the sort of disclaimer that participants in social media contests may need to start using under a March 20, 2014 letter ruling from the Federal Trade Commission. As I’ve written and presented about before, the FTC has been very strict in recent years about[...]

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Can I Augment That? 5 Targets to Be Wary of When Making AR

With the steady growth of new tools for user-generated augmented reality, I’ve been fielding a ton of questions lately on whether it’s legally okay to augment particular content. In other words–if you’re not familiar with how AR works–they want to know if it’s permissible to associate certain digital content with a particular physical object (the[...]

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Drafting Social Media Policies in 2014

In addition to my litigation practice, I have been drafting social media policies for clients–and advising other lawyers on how to do so–for years now.  Are they all the same?  Is there anything new to be said? No, they’re not all the same, and yes, best practices continue to evolve along with the technology.  Earlier[...]

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Opportunity to Study Privacy Law in Amsterdam This Summer

I was asked to share the following information with my readers. Because I think it could be of interest to several of you, I agreed.  I received no compensation for it. The University of Amsterdam’s Institute for Information Law will be holding its second annual Summer Course on Privacy Law and Policy from July 7-11,[...]

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Who Watches the Machines Watching You?

On March 13, 2014, I gave the special guest presentation at the Embedded Vision Alliance membership meeting on the Qualcomm campus in San Diego, California. Titled “Who Watches the Machines Watching You? Regulating Privacy in the Era of Machines That See”  (and delivered a week before Sen. Rand Paul’s ovation-inspiring speech in Berkeley on “watching[...]

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More From The #Jury Box: The Latest on Juries and Social Media

I’m excited to report on the latest addition to the scholarship on jurors’ use of social media. As reflected in my Wassom on Social Media e-treatise, juror misuse of social media has been rampant, and courts have tried various strategies to mitigate the problem. A new article called “More From The #Jury Box“ by U.S. District[...]

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From the Archives: Augmented Reality as Free Speech

With the continued expansion of new AR-creation tools, I’ve been getting the question “Can I augment that?” a lot lately.  This post from April 2013 promises to be increasingly relevant in the near future. Does the First Amendment to the United States Constitution protect the right to augment reality? As with most legal questions about[...]

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I Need More of Your Feedback on Facial Recognition Privacy

As I reported in January of this year, I am participating on behalf of AugmentedReality.Org in the Privacy Multistakeholder Process for Facial Recognition Technology being held by the National Telecommunications and Information Administration.  Between February and June of 2014, this collaborative gathering intends to hammer out a voluntary, enforceable code of conduct that specifies how the[...]

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Google Glass and the TSA

Can you use Google Glass in the airport security line? The TSA does not have a specific policy on this, but it does have a general stance on taking photos and video of airport security checkpoints: TSA does not prohibit the public, passengers or press from photographing, videotaping or filming at security checkpoints, as long[...]

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