This Week in Law (Audio)

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Tech headlines, argued out as legal questions.

The gist

Denise Howell hosts This Week in Law with co-host Stefan Spida. Together they take technology stories and ask what the law makes of them, covering privacy fines, copyright fights, patents and platform rules. The show is no longer in production, and its archive covers CGI influencers, defamation over retweets, bail algorithms and the first penalty issued under the GDPR.

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About This Week in Law (Audio)

This Week in Law reads technology headlines for their legal consequences. Denise Howell hosts. She opens episodes with a fast rundown of the stories to come, usually capped with a cheerful 'All this and more', and then the conversation begins. Stefan Spida is her co-host, and Matt Curtis, introduced on air as a law student at Notre Dame, is named in the show's opening billing. Guests widen the conversation. Professor Mark Bartholomew, author of ADcreep: The Case Against Modern Marketing, appears on The Neuroscience of Cheetos. On Viral Ads With Legs, Emery Roan, described as no longer a regular co-host, comes back as the guest. Steve Embry and Irene Moe also appear as guests. Privacy recurs across these episodes. One conversation covers the first fine issued under the GDPR alongside privacy in the insurance industry, and a speaker insists that data given away was still once theirs to own. Another turns to a data tool now offered beyond EU residents, and one voice is uneasy that people can alter their records instead of just viewing or deleting them. The Best of 2018 compilation walks through who the GDPR reaches, including the line drawn at companies with 250 employees. Advertising and surveillance come up too. With Bartholomew, a Google patent for flagging raids on the liquor cabinet prompts a wry lament for a childhood rite of passage. That leads to a broader worry about how readily surveillance is being accepted, down to smart toothbrushes that report back to parents. Copyright brings its own eccentric cases. The EU's highest court is asked whether the taste of cheese can be copyrighted, a New York judge suggests embedding could be infringing, and the proposed EU copyright directive is described as possibly unaffordable even for YouTube. Other subjects resist a single label: defamation liability for retweets and likes, CGI influencers and whether their artificiality should be disclosed, algorithms deciding bail eligibility, AT&T getting aggressive with infringers, and Payless pioneering reverse counterfeiting. The sign-offs are affectionate and a little goofy. One wishes listeners lives as data vegan as they care to make them, another jokes about a stumble in enunciation, and one thanks listeners for twelve years of the show. The episode titles share the humor, with Make It 'Til You Fake It and Are You Feelin' Lucky, Punk? sitting beside Popularity Ponzi Schemes. Listeners are invited to send in stories and suggest guests, and the Best of 2018 episode is assembled from their votes. The show is no longer in production, which leaves a finished archive of tech law conversations to browse.

Made for: Suits a listener who follows technology news and wants to know where the legal lines fall on privacy, copyright and online speech. It also suits someone who enjoys an odd case, like copyrighting the taste of cheese, as much as a regulatory one.

What sets it apart: It puts major regulation such as the GDPR next to truly strange disputes, from cheese-taste copyright to reverse counterfeiting, in a relaxed conversation between host, co-host and rotating guests. Punning episode titles like The Neuroscience of Cheetos give it a lighter feel than its subject matter would suggest.

In their own words

Join legal blogger (and trained attorney) Denise Howell discuss breaking issues in technology law, including patents, copyrights, and more.Although the show is no longer in production, you can enjoy episodes from the TWiT Archives.

Why you'd press play

A cheese copyright question and a watchful toothbrush give your legal curiosity an unusually specific workout.

Press play if you want

  • to hear Denise Howell and guests question why an insurer needs your detailed doctor's report
  • to decide how you feel about buying boots from a CGI influencer who isn't a person
Read the full recommendation in PlayNext →
GDPR enforcement and compliancepersonal data ownership and privacycopyright disputes in the EU and USadvertising and consumer surveillancedefamation and online speechYouTube and platform moderationdisclosure for CGI influencers and bots

Talks about

Best episodes of This Week in Law (Audio)

Short reviews from the PlayNext desk, based on the episodes we processed.

The Best of 2018 - A look back on the best discussions from This Week in Law for 2018.Dec 28, 2018

A listener-selected legal rewind linking the US public-domain return with GDPR's broad reach.

This Week in Law's year-end Best of 2018 episode works as a legal rewind with two sturdy anchors: the return of new works to the US public domain in 2019 and the practical reach of GDPR for companies handling EU users' personal data.

The Neuroscience of Cheetos - Mark Bartholomew, author of ADcreep: The Case Against Modern MarketingDec 14, 2018

A measured look at advertising, location data, and household tech as private space keeps getting smaller.

Online advertising turns into a wider question of data collection and everyday surveillance in this episode of This Week in Law. Denise Howell talks with Mark Bartholomew, a University at Buffalo School of Law professor and author of Ad Creep, about the advertising business, New…

Make It 'Til You Fake It - The first GDPR fine, data privacy in the insurance industry, reverse counterfeiting.Dec 1, 2018

A first GDPR fine leads into a grounded discussion of medical data, insurance claims, and ownership.

This Week in Law uses the first GDPR fine as a clean way into a broader privacy question: who decides the value of personal data, and what follows when institutions act as if that data belongs to them.

Popularity Ponzi Schemes - Can you copyright the taste of cheese?Nov 16, 2018

A cheese-copyright case leads into a wider discussion of disclosure, platforms, CGI influencers, and algorithmic bail decisions.

This Week in Law frames copyright as a problem of edges, starting with the EU's highest court being asked whether the taste of cheese can be protected.

Are You Feelin' Lucky, Punk? - Is defamation law ready for retweets?Nov 9, 2018

A wide legal-policy discussion lands best when it shows how data-access rules shape real consumer power.

Platform power is examined through the institutions and rules that turn online behavior into real consequences. The episode moves from AT&T's hard line on infringers to Ron Wyden's worries about poor data management, altered video, and the unsettled question of whether…

Podcasts like This Week in Law (Audio)

Episodes

  1. 1

    Odious Buffooons - Remix culture copyright, location data up for sale to bounty hunters, social media rules for politicians

    Jan 12, 2019·2h 44m
  2. 2

    The Best of 2018 - A look back on the best discussions from This Week in Law for 2018.

    Hidden gem

    Uber agreed to pay Alphabet $245 million in equity after the Waymo self-driving trade-secret case settled during trial.

    Dec 28, 2018·1h 52m·2 clips
  3. 3

    The Neuroscience of Cheetos - Mark Bartholomew, author of ADcreep: The Case Against Modern Marketing

    Hidden gem

    This Week in Law episode 446, recorded December 13, 2018, centers on Mark Bartholomew’s book Ad Creep and the shift from Cluetrain-style dialogue to 24/7 surveillance.

    Dec 14, 2018·1h 26m·2 clips
  4. 4

    We Only Take Stamps - Mastercard and Microsoft team up to create a "digital identity" system.

    Dec 8, 2018·2h 1m
  5. 5

    Make It 'Til You Fake It - The first GDPR fine, data privacy in the insurance industry, reverse counterfeiting.

    Hidden gem

    Denise Howell, Stefan Spida, and guest Steve Embry open This Week in Law #444 on November 30, 2018 with the first GDPR fine, privacy in insurance, and reverse counterfeiting.

    Dec 1, 2018·1h 55m·2 clips
  6. 6

    Popularity Ponzi Schemes - Can you copyright the taste of cheese?

    Hidden gem

    Denise Howell and Stefan Schweider focus first on the EU copyright directive, where Article 11's link tax and Article 13's platform liability raise concerns for YouTube and smaller services alike.

    Nov 16, 2018·1h 54m·2 clips
  7. 7

    Are You Feelin' Lucky, Punk? - Is defamation law ready for retweets?

    Hidden gem

    AT&T may kick customers off ISP service over alleged infringement.

    Nov 9, 2018·1h 41m·2 clips
  8. 8

    Laws of Premium Vodka and The Horse - Islands, bobbleheads and regulations on the blockchain.

    Hidden gem

    On This Week in Law episode 441, Denise Howell, Stefan Schweida, Josh Klayman, and Ethan Seary mark Bitcoin’s 10th anniversary and examine blockchain law.

    Nov 2, 2018·1h 50m·2 clips
  9. 9

    Twelve Angry Zombies - 20 years of the DMCA!

    Denise Howell, Stefan Speider and Matt Curtis open with the AI portrait sold at Christie's for $432,500 against an estimate of $7,000 to $10,000, and ask who owns work built on Robbie Barrat's open-source code.

    Oct 26, 2018·1h 54m·2 clips
  10. 10

    Replete With Decomposing Gastropods - You could be breaking the law if you Tweeted Kanye West's iPhone password.

    Oct 19, 2018·2h 11m
  11. 11

    Answering Is A Sign Of Weakness - Nintendo Sues Real-Life Mario Kart.

    Oct 12, 2018·2h 1m
  12. 12

    FRANDS With Benefits - Improving the patent process with patent lawyer Joshua Landau.

    Oct 5, 2018·2h 3m
  13. 13

    Cow Pie Wi-Fi - Don't take home your work if you work for the NSA.

    Sep 28, 2018·2h 7m
  14. 14

    Goliath vs. Ant-Man - Defeating DRM, the new Music Modernization Act, Congress' Consumer Privacy Hearings.

    Sep 21, 2018·2h
  15. 15

    Han Solo Hacks Back - Stewart Baker, host of The Cyberlaw Podcast.

    Sep 14, 2018·2h 1m
  16. 16

    Too Bad For Bing - US appeals court rules that Archive.org's Wayback Machine is legal evidence.

    Denise Howell, Stefan Spida and Matt Curtis examine Brett Kavanaugh's Supreme Court confirmation testimony on the Fourth Amendment, citing the Carpenter, Riley and Jones decisions and his past dissent calling expectation of privacy in movement outside the home 'basically zero.' They then cover California's net neutrality bill, which bars blocking, throttling and paid prioritization and needs Governor Brown's signature by September 30, alongside Kavanaugh's First Amendment dissent siding with Verizon and Jeff Sessions's announced scrutiny of Silicon Valley content moderation.

    Sep 7, 2018·1h 46m·2 clips
  17. 17

    Freeing Frigid Farrah - Should abuse against robots be criminalized?

    Aug 31, 2018·2h 2m
  18. 18

    Turning Assets into Email - Cryptocurrency, Blockchain, Satoshi's Place, Augur, OpenLaw

    Aaron Wright, author of "Blockchain and the Law: The Rule of Code," tells Denise Howell and Stefan Schweida that ICOs raised over nine billion dollars from late 2017 into 2018 and put "an investment bank, a Kickstarter" in everyone's pocket.

    Aug 24, 2018·1h 58m·2 clips
  19. 19

    Samsung's Lonely Ice Rink - Patent law with Saurabh Vishnubhakat.

    Texas A&M law professor Saurabh Vishnubhakat tells Denise Howell and Stefan Schweida that the America Invents Act, effective September 2012 for inter partes review, shifted patent validity fights from federal courts to the Patent Trial and Appeal Board.

    Aug 17, 2018·1h 53m·2 clips
  20. 20

    One Mile Of Harm - VidAngel vs. movie studios, stream ripping sites, Fox News vs. TVEyes.

    Episode 429 of This Week in Law (recorded August 10, 2018) examines VidAngel's legal fight with Disney and other studios after a Utah court dismissed its declaratory relief suit.

    Aug 10, 2018·1h 38m·2 clips
  21. 21

    Just The Fax Line, Ma'am - Facial recognition confidence levels, patenting the Blockchain, future plans to crack down on Big Tech.

    Aug 3, 2018·1h 48m
  22. 22

    World War Gen Z - Time Warner+AT&T merger and the wrong kind of AI

    Jun 22, 2018·1h 58m
  23. 23

    A Sheepish Clone - Bioethics, cloning, designer babies, the rights of the dead.

    Jun 15, 2018·1h 58m
  24. 24

    21st Century Prime Directive - Space Policy with Kim Ellis, Founder & Director of Earth Space Tech.

    Jun 8, 2018·1h 51m
  25. 25

    Stick to Excel - Is Amazon sending this episode to all of my contacts? GDPR has been operational for a week. Blockchain may or may not solve all human problems.

    Jun 1, 2018·2h 4m
  26. 26

    Cookies For #Privmas - GDPR is almost here! The senate brings back net neutrality.

    May 18, 2018·1h 40m
  27. 27

    Two Weeks in Fortnite - YouTube's Content ID for the masses: Copyright Match

    May 11, 2018·2h 5m
  28. 28

    Doing NOT - STAR WARS DAY!!!

    May 4, 2018·55m
  29. 29

    Privacy Up In Smoke - Will we be swabbing at birth? Are you abandoning your DNA? How secure is your weed data? Why, oh why, did the patent deathsquad survive?

    Apr 27, 2018·1h 50m
  30. 30

    One Bot, One Vote - Hacking elections

    Apr 13, 2018·1h 56m
  31. 31

    FOMO Re EU - What does the GDPR mean to US businesses?

    Mar 30, 2018·1h 49m
  32. 32

    Medium-size It - Blurred lines stay blurry. Domino's seems not to like its own car design. Facebook might not be your friend. TWIL throws in our christmas wish lists in March.

    Mar 23, 2018·1h 55m
  33. 33

    Pick Up The Phone! - They should have drawn a chill frog dude, the Fyre fence smolders on, VPN's are valuable where they are prohibited.

    Mar 9, 2018·1h 37m
  34. 34

    Disney's Beast Sleeps Tonight - Two Live Crew, Disney misusing copyrights, video game streaming, big data in the Supreme court.

    Mar 2, 2018·1h 50m
  35. 35

    Viral Ads With Legs - Yes, science has a private queen. Is embedding infringing? How is YouTube banning individuals? Will AI help you understand your terms of service?

    Legal experts discuss breaking issues in technology law, including embedding technology, YouTube moderation, and AI understanding terms of service.

    Feb 16, 2018·1h 58m
  36. 36

    Justice Currey Is The Sauce - Data rot and the preservation of gaming communities, Uber and Waymo are again friends, emojis make the front page, deepfakes and defamation.

    Feb 9, 2018·1h 59m
  37. 37

    Putting Grumpy Matt On The Blockchain - Blockchain in fashion, Whopper neutrality, grumpy cat smiles, penalties for trade secrets violations, are the patent fields constitutional?

    Jan 26, 2018·1h 55m
  38. 38

    Teslas In Space! - Can Disney get another copyright extension for Mickey Mouse?

    Jan 20, 2018·1h 45m
  39. 39

    The Best of 2017! - 2017's Best Stories

    Dec 29, 2017·2h 23m
  40. 40

    Humvee Full Of C.O.D. - Net Neutrality, Waymo vs. Uber, Humvee vs. Activision

    Denise Howell and co-hosts discuss net neutrality, the Uber-Waymo dispute, and ADT's non-disparagement clause in the final 2017 episode of This Week in Law.

    Dec 8, 2017·1h 54m
  41. 41

    Have Cat, Own Broom - Accountable Algorithms, extreme vetting, Bitcoin economics, the Carpenter case in the Supreme Court, Elf selfies.

    Dec 1, 2017·2h 8m
  42. 42

    Can't We All Get Connected? - Deep and detailed and wonky. Are you accessing the real internet? How are rural communties getting access to the internet? How do we close the gap in connectivity?

    Nov 17, 2017·1h 56m
  43. 43

    Ghosts in the Machines - iPhone X, Face ID and privacy concerns.

    Nov 3, 2017·2h
  44. 44

    Partying With The Big Hairy Guy - Amazon Key, AI citizenship, cracking down on characters at kid's birthday parties.

    Denise Howell and guests discuss breaking issues in technology law, including stream rippers, copyright in CGI characters, and legal implications of draft text messages.

    Oct 27, 2017·1h 43m
  45. 45

    404: Lost In (Cyber)Space - SESTA is not the besta, why section 230 matters, contract formation and legally signficant processes, smartcontracts get smart with blockchain.

    Denise Howell and guest Eric Goldman discuss legal issues in technology, including online sex trafficking legislation, smart contracts, and Apple's new emojis.

    Oct 20, 2017·1h 59m
  46. 46

    Flying Car Law And Tuna Free Toys - LegalTech meets Tech Law at Atrium, the importance of conducting consumer surveys correctly can not be understated, Levi swings again at protecting their tab, Nebraska lawyers are accepting payment in Bitcoin.

    Oct 13, 2017·1h 30m
  47. 47

    Google Wants A Spanking - Facebook joins a band.

    Oct 6, 2017·1h 53m
  48. 48

    Waymo Bucks - I Tweet therefore I am, Homemade Animal Selfie of the Week, owners of the Grinch are still Grinchy, a 2.6 billion dollar tradesecret

    Sep 29, 2017·1h 53m
  49. 49

    Advercacy - Don't disrespect Wu-Tang, FCC leaves the W3C, Naruto is vacatting the judgement, how to not get paid for you IP rights.

    Sep 22, 2017·2h 1m
  50. 50

    Equibot - Not everyone knows about the triple triple, Native American tribes are selling sovereign immunity, DACA decisions, and Dr. Phil and Judge Gillstap combine for an opinion no one wants to read.

    Sep 15, 2017·1h 58m