Digital Economy Bill: Secretary of State Secondary Legislation?
A source close to the British Labour Government has just given me reliable information about the most radical copyright proposal I’ve ever seen.
Secretary of State Peter Mandelson is planning to introduce changes to the Digital Economy Bill now under debate in Parliament. These changes will give the Secretary of State (Mandelson — or his successor in the next government) the power to make “secondary legislation” (legislation that is passed without debate) to amend the provisions of Copyright, Designs and Patents Act (1988).
What that means is that an unelected official would have the power to do anything without Parliamentary oversight or debate, provided it was done in the name of protecting copyright. Mandelson elaborates on this, giving three reasons for his proposal:
The Secretary of State would get the power to create new remedies for online infringements (for example, he could create jail terms for file-sharing, or create a “three-strikes” plan that costs entire families their internet access if any member stands accused of infringement)- The Secretary of State would get the power to create procedures to “confer rights” for the purposes of protecting rightsholders from online infringement (for example, record labels and movie studios can be given investigative and enforcement powers that allow them to compel ISPs, libraries, companies and schools to turn over personal information about Internet users, and to order those companies to disconnect users, remove websites, block URLs, etc)
- The Secretary of State would get the power to “impose such duties, powers or functions on any person as may be specified in connection with facilitating online infringement” (for example, ISPs could be forced to spy on their users, or to have copyright lawyers examine every piece of user-generated content before it goes live; also, copyright “militias” can be formed with the power to police copyright on the web)
Mandelson is also gunning for sites like YouSendIt and other services that allow you to easily transfer large files back and forth privately (I use YouSendIt to send podcasts back and forth to my sound-editor during production). Like Viacom, he’s hoping to force them to turn off any feature that allows users to keep their uploads private, since privacy flags can be used to keep infringing files out of sight of copyright enforcers.
This is as bad as I’ve ever seen, folks. It’s a declaration of war by the entertainment industry and their captured regulators against the principles of free speech, privacy, freedom of assembly, the presumption of innocence, and competition.
This proposal creates the office of Pirate-Finder General, with unlimited power to appoint militias who are above the law, who can pry into every corner of your life, who can disconnect you from your family, job, education and government, who can fine you or put you in jail.
More to follow, I’m sure, once Open Rights Group and other activist organizations get working on this.
[thanks to darkpatator and cory doctorow via cc]
Law School Dress Code: Jeans & T-Shirts or Suits & Tie?
The first time this concept occurred to me, I was packing my bags for law school and my mother was staring at my clothes as I packed them. I asked her what was wrong and all she did was ask me whether that was all the clothes I was going to take with me. I said that of course it was because I had just packed all the clothes I owned. She looked at me in disbelief and said, “Don’t you know where you are going? You need to take some dress clothes.” She refused to believe that my jeans, t-shirts and sweatshirts were going to do the job. I didn’t really want to argue so we went to the store to buy some more “professional-looking” clothes. The first few days of orientation it was humid in Cambridge, so I didn’t need my “professional” clothes then. When classes started, I tried to wear slacks and collared shirts but after a while I noticed that not many other people were wearing anything fancier than jeans and polos or blouses. I decided to push the more “work-like” clothing to the back of my closet and get back to my more comfortable clothing.
Although I had returned to my more normal attire, I didn’t stop paying attention to what everyone was wearing so that I wouldn’t slip up and find myself completely underdressed. After a while, though, I stopped worrying about it because I realized that people were all over the board. Male students tend to wear jeans or khakis and polo shirts. Female students tend to have more variation. In my section, there were a few women who definitely shared my mother’s mentality. They came to class everyday with perfectly coordinated outfits and nail polish that matched their lipstick. Then there were people like me who generally didn’t wear makeup and only wore jeans and sweaters to class. Toward the end of the semester a friend of mine and I even started to wear sweats to our 8 a.m. property class because we routinely went to the gym together after class.
It wasn’t until the middle of the spring semester of that year that I thought about the subject again. I was sitting down with a group of people for lunch in the Hark. Somehow we ended up talking about clothes. I think someone said that they didn’t like wearing t-shirts and then suddenly another student from my section saw his opening and let us all know how he felt about the way students dress at HLS. I know he isn’t the only one that believes people should try a little harder when they are getting ready in the morning, but he went as far as saying he believed there should be a dress code. “This is professional school,” he exclaimed, “people should be dressing like professionals.” His plan involved a ban on jeans, sweatshirts and t-shirts. As someone who loves to be able to wear her gym clothes to class (and no, I’m not the only one), I have to say that I’m glad there isn’t a dress code here. I do applaud this guy though, I have never seen him wear gym shoes to class and I have never seen him without a collar.
Rest assured there is no dress code at HLS. I think people feel pretty comfortable wearing whatever they want and I don’t think that anyone ever looks out of place. On any given day there will be one person wearing a suit to class and another who looks ready for the gym. If you’re like me, you shouldn’t worry too much about buying special new clothes just to come to law school. You should just come with whatever makes you feel comfortable.
[thanks to ed yourdon and hls in focus via cc]
Top 5 Law Student Summer Clerkship Rejection Letters
Almost every law student experiences a healthy dose of rejection when they are searching for a summer job. Since I am not ranked in the top 10% at a top 10 school, nor do I have close family connections to set me up with a nice summer clerkship, finding a job requires a little more effort. In addition to checking the job postings at the Career Services Office (CSO), this means sending out lots of resumes. This, in turn, means that I have received my fair share of rejection letters. But not all rejection letters are the same. Here are a few examples of what I received.
Dear Applicant,
The position which you interviewed for has been filled.
This one is short and sweet and to the point, which I can appreciate. The only problem is that they used an entire piece of company letterhead to send one sentence. If this is their standard rejection letter, they should get company postcards printed up. It would be cheaper.
Dear Applicant,
At this time we are not hiring a law clerk. We will keep your resume on file if our needs change.
Interpretation: We might hire a summer law clerk, if the nephew of our founding partner needs a job. Your resume is in the trash. Thanks for writing.
Dear Applicant,
Thank you for your resume. Your qualifications were very impressive, but at this time, we have no plans to hire a summer clerk. I am fully confident that a person with your qualifications will have no problem finding summer employment. Best of luck.
This is by far my favorite. I received several like this. They build you up as they reject you. This is the equivalent of a girl saying: “You are a great guy who will make some girl very happy. But I’m just not looking for a relationship right now”. Even though you suspect you are being bullshitted, it’s just too nice to get angry with.
Dear Applicant,
Thank you for your interest in the summer clerk position with the University’s Legal Services Office. Unfortunately, you are not one of the applicants chosen for an interview. We felt that your qualifications did not match those of the ideal candidate.
When I first received this, I thought I misread it. It is harsh and vague. I’m not sure what qualifications they were looking for, since my GPA and class rank were well within the parameters specified within the job posting, and they didn’t require any special skills or experience. But this one is nice compared to the worst one I got:
Dear Applicant,
We received your cover letter and resume indicating an interest in a summer clerkship. We regret to inform you that you have not been selected for an interview. Your qualifications did not match up to some of the other applicants, or to the high standards we impose upon our summer clerks. Good luck with the rest of law school.
Interpretation: Who do you think you are? Did you actually think a prestigious law firm like ours would hire someone like you? You and your non-Ivy league law school make me sick. I hate myself and my life, so I’m taking it out on you. Thanks for playing.
[thanks to handslive and barely legal via cc]
