Shows #156-158 — Profs. A. Michael Froomkin, Jorge Contreras and Derek Bambauer — posted

In this incredibly busy semester (i.e., I’ve posted my most recent draft on SSRN, The Social Layer of Freedom of Information Law, which focuses on information formatting issues in the Freedom of Information Act, and I’m still facing multiple writing deadlines), I am pleased to (finally) post the first three shows of the quarter. The first, Show #156, January 27 is my interview with Prof. A. Michael Froomkin of the University of Miami Law School on Internet kill switch legislation. Amidst the furor surrounding SOPA and PIPA, this legislation has flown under the radar. Its focus is to allow the government, under certain circumstances, to shut off Internet access — a scary proposition without significant oversight, due process and accountability. This legislation has ramifications from speech to criminal law, and Mike and I had a wide ranging discussion that I hope you enjoy as much as I did.

The second show, Show #157, February 17, is my interview with Prof. Jorge Contreras of American University Washington College of Law regarding his draft article Wait for It … Latency, Copyright and the Private Ordering of Scientific Publishing. We have focused on issues of open access to knowledge on several occasions on Hearsay Culture, but never in the context of scientific publishing. Jorge and I discussed the impact of copyright law on traditional sharing of research among scientists and what can be done to address its impact. Given its import in forstering scientific advancement, I was thrilled to have Jorge on the show and I greatly enjoyed the discussion.

The last show, Show #158, February 24, is my interview with Prof. Derek Bambauer of Brooklyn Law School, author of Orwell’s Armchair. Derek has written another very insightful and forward-thinking article where he makes a counter-intuitive suggestion regarding government censorship of speech: we should establish rules and procedures for government censorship. At the core of Derek’s argument is a realist view that the US government is censoring, so rather than do it through a variety of indirect and obscure methods, we should have a policy so that censorship can be done in the open. We discussed his views on censorship, his solution and potential criticisms and concerns. Derek is always a great guest and this interview was no exception.

Enjoy (and now I’m back to writing).