Current projects, issues, and research interests:

• Speech intermediaries. ISPs are central intermediaries for massive quantities of communications in the modern world, and face and have built a complex patchwork of legal rules and industry practices to negotiate these issues. From their own efforts to police spam with trespass to chattels doctrine, to the contingent safe harbors of the DMCA § 512, the actions of Internet access & service providers shape our communications landscape.

  • ISP Practices & Policies research (ongoing).
    • "Intellectual Property and Free Speech in the Online World: How Educational Institutions and Other Online Service Providers Are Coping with Cease and Desist Letters and Takedown Notices" (with Marjorie Heins), Public policy report from the Fair Use Network, NYU Brennan Center for Justice (2007) (PDF).

  • Chilling Effects & DMCA § 512 research (ongoing; with Jennifer Urban, USC IP Clinic).
    

    • "Efficient Process or 'Chilling Effects'? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act" (with Jennifer Urban), 22 Santa Clara Comp. & High Tech. L.J. 621 (2006)) (PDF of full report. Summary Report, Nov. 2005, pdf; html); Press Release, 2005 Nov. 22.)
  
  
  • Fair Use Network - providing information and resources for recipients of trademark and copyright cease and desist letters. A project of the Free Expression Policy Project, NYU Brennan Center for Justice.

• Democracy, representation, and alternative voices. Those excluded from power are often the first to use new and alternative means of communication. Unfortunately, archival and preservation efforts generally lag behind the technology, learning to understand the value of the speech, and then rushing to capture and preserve it. Digitization offers unparalleled opportunities to capture, document, and preserve alternative voices, the subaltern, feminist and radical histories that express themselves in a variety of media that would otherwise be lost. Digitization, however, is only the first step in preserving these histories. Without public dissemination and access, the hidden and forgotten histories may stay hidden. To facilitate digital distribution and reproduction in a permissions culture, traditional legal norms and library practices need to be retrofitted.

  • Ohio Secretary of State Review of Electronic Voting Machines.
  • California Secretary of State Top-to-Bottom Review of Electronic Voting Machines.
  • Preservation of digital resources.
  • Archives best practices for digitization and republication.
  • An Oral History Project: Radicalization and Activism
  • Anarchist Biographical Novels