Copyright (c) 2009 All rights reserved. http://works.bepress.com/michael_katz Recent documents in Michael Katz en-us Sat, 07 Nov 2009 23:21:02 PST 3600 http://works.bepress.com/michael_katz/4 http://works.bepress.com/michael_katz/4 Fri, 06 Nov 2009 12:14:32 PST The Federal Communications Commission, taking note of AT&T's complaint, has written to Google with questions about its call blocking. But the implications for our privacy of software-managed call services like Google Voice are a much greater threat to consumers, and that's where the FCC should direct its energy - immediately. Michael Katz Law and Technology Computer Law http://works.bepress.com/michael_katz/3 http://works.bepress.com/michael_katz/3 Sat, 05 Jul 2008 14:31:30 PDT Not all pro-life movements are equivalent. Some states are pushing harder to ban abortion than others. These states are focal points for the pro-life movement, and are therefore most telling as to the ethics of the movement as a whole. To gauge the ethical basis for pro-life legislation, this paper takes a closer look at the nine states that form the locus of the country's pro-life movement. Possible ethical models are posited as foundations for state legislation opposing abortion, and then used as the analytical basis to test the ethical consistency of the pro-life movement. Specifically, this paper considers whether these states apply an ethically consistent approach to one likely outcome of outlawing abortion - an increased need for foster care.Why foster care? There is a great deal of overlap between key factors influencing both the need for abortion and the need for foster care. If abortion is criminalized, women who would have sought an abortion will be left with one of two options: attempt an illegal abortion or decide to have a child when they otherwise would not. Overlapping indicators suggest that children in this demographic are in danger of being born into a troubled home and are prime candidates for later requiring the services of state foster care programs. Accordingly, a predictable outcome of outlawing abortion is a significantly increased burden on state foster care programs. Because foster care data is tracked on a state-by-state basis, state funding and governmental interest in foster care can be correlated with legislation to outlaw abortion on the state level - thereby, providing valuable insight into the ethical model used by the pro-life movement in an arena closely connected to their main objective.Overall, an examination of state foster care programs indicates that these nine states are not taking an ethically consistent approach to the interrelated issues of abortion and foster care. Yet because each state approaches the issues differently, there is a spectrum across states in how consistently they have applied ethical models that drive abortion legislation when developing programs that impact foster care, a related and equally vulnerable group. Michael Katz Conflict of Laws Professional Ethics http://works.bepress.com/michael_katz/2 http://works.bepress.com/michael_katz/2 Fri, 04 Jul 2008 23:54:37 PDT Current copyright law, both as written and as applied, is stifling the development of new content, limiting the use of creative work, and prohibiting uses which are reasonable and fair given the state of current technology. Copyright law should be amended to recognize profound change in publishing and editing created by the advent and growth of digital technology, and should allow for reference to and creative reuse and recycling of all digital media. If done correctly, the original goals of copyright - to encourage and reward the development of creative works for the betterment of society - will be served and domestic creative industries will grow. Michael Katz Law and Technology Science and Technology Conflict of Laws Professional Ethics Computer Law http://works.bepress.com/michael_katz/1 http://works.bepress.com/michael_katz/1 Tue, 04 Mar 2008 13:52:45 PST While the gains from the digital revolution are tremendous in terms of increased efficiency, access to information and searchability, the change in information format has caught some off guard. No longer is data limited to what is available on a piece of paper. Yet there is a price to pay for these gains. Where once a letter's recipient could not see anything but what the sender openly presented in the letter, today that email, word processing document and spreadsheet all contain additional information not readily visible on their face. Beneath the surface, packed into the file, exists metadata - information about information.The vast majority of a file's metadata is invisible to someone who simply opens the document. Because it is generally hidden by design, danger arises for lawyers who are unaware that when someone opens a file, they are not seeing all of that file's contents. Bar Associations who have thus far issued opinions about the ethical use of metadata have reached conflicting results, making it difficult for practicing attorneys to know what they can or cannot do with metadata. This paper summarizes and analyzes the ethical opinions and rules concerning metadata that have been published thus far. The paper then argues that the ABA's rule - the most tolerant of recipient use of metadata - is logical, well reasoned and forward thinking, and should therefore be followed by the majority of jurisdictions still looking for guidance. Michael Katz Law and Technology Science and Technology Conflict of Laws Professional Ethics Computer Law Legal Profession