"A lot of people assume that the police are required to read a suspect his Miranda rights upon arrest. That is, they assume that one of a person’s rights is the right to be read their rights. It often happens that way on Law & Order, but that’s not what the law actually requires. The police aren’t required to follow Miranda. Miranda is a set of rules the government can chose to follow if they want to admit a person’s statements in a criminal case in court, not a set of rules they have to follow in every case."
Orin Kerr at The Volokh Conspiracy
There’s been a fair amount of misinformation circulated over the past week about Miranda warnings. Lawprof Orin Kerr’s short piece at The Volokh Conspiracy presents a nice summary of the basics, including the effects of not giving the Miranda warning to a suspect.
Europe’s other problem: where are all the tech startups? European leaders want you to ‘test your own wings,’ but there are systemic headwinds getting in the way - at The Verge:
As noted in The Verge article, regulatory fragmentation is a big part of the problem in Europe - the need to comply with a patchwork of diverse regulations across the continent. This is also increasingly becoming a problem here in the United States with, for example, both federal and state-by-state privacy, data and similar regulations, which impose significant legal, compliance and related costs on startups.
Want To End The Litigation Epidemic? Create Lawsuit-Free Zones - LawProf Eric Goldman at Forbes.com:
”[F]inding ways to dial down litigation might be the best ‘jobs stimulus’ effort our legislators could undertake. The way to create lawsuit-free zones is through ‘immunities’ and ‘safe harbors.’ Immunities categorically eliminate legal liability in the specified contexts. Safe harbors allow defendants to avoid liability if they take the specified steps. Both help motivate socially beneficial and job-creating activity.”
Twitter’s Big Challenge: Too Much Twitter - Wired:
“[T]witter is what you make it. If you’re overwhelmed by its flow, that’s easily fixed by simply following fewer people. Each of us builds our own follow graph, and the resulting timeline, the fruit it bears, is our responsibility too. But the snark surrounding Klein’s complaint on Twitter was the same kind of thing you hear from junkies who never want anyone else to get clean. The fact is, he’s right. If you use Twitter actively, it almost inevitably becomes unwieldy.”
Google Wants To Operate .Search As A “Dotless” Domain, Plans To Open .Cloud, .Blog And .App To Others - TechCrunch
Facebook “Home” Initial Reaction
The consensus early reaction, the day after the Facebook Home announcement, appears to be:
- Facebook Home is well-designed, with some clever elements such as the messaging bubbles;
- Google and Android app developers will dislike Facebook’s lock/home-screen and launcher approach which makes Google services and 3rd party apps less visible;
- Facebook home might appeal to certain Android users in the United States (i.e., Facebook power users and mobile phone newbies), but Facebook Home might be more of a play for new users internationally, particularly in emerging markets; and
- So what’s new: Facebook Home poses additional privacy concerns through enhanced data collection.
Facebook Home Link Round-up:
My favorite music from the first quarter of 2013: four new releases (and two from last year to which I just recently got around to listening).
Veronica Falls: “Waiting for Something to Happen” (2013)
Parquet Courts: “Light up Gold” (2013)
Torres: s/t (2013)
Mogwai: Soundtrack from “Les Revenants” (2013)
Land Observations: “Roman Roads IV-XI” (2012)
Martin Rossiter: “The Defenestration of St. Martin” (2012)
A Spotify playlist of selections from the above (and from a few other first quarter releases).
Can a digital music file, lawfully made and purchased, be resold by its owner under the first sale doctrine?
#first sale doctrine
In a decision this past weekend, a U.S. District Court answers: no. More on the decision, and a link to the court’s opinion, at Wired.
Also: Today, the United States Court of Appeals for the Second Circuit decided that the online streaming of over-the-air television broadcasts by the startup, Aereo, is permitted. More on the decision, which is bound to be appealed, at ArsTechnica.