In Internet Payment Blockades, Professor Annemarie Bridy describes how administrators in charge of IP policy have successfully pressured payment intermediaries to “voluntarily” shut off payments to websites that are loci of copyright or other intellectual property infringement. As Professor Bridy recounts, the White House Office of the Intellectual Property Enforcement Coordinator (IPEC) persuaded payment processors (including American Express, Discover, MasterCard, PayPal, and Visa) to enter an ostensibly voluntary best practices agreement with corporate intellectual property owners. Professor Bridy argues that adoption of the best practices agreement was effectively coerced by an unscrupulous threat to regulate if payment processors didn’t sign on. Professor Bridy’s analysis is mostly persuasive. In particular, her advice to beware administrators threatening regulation is well-taken. But there is some room for optimism, even when facing cajoled payment processors. Read more.
September 2016, Vol. 68, No. 5
Leslie C. Levin, Lawyers Going Bare and Clients Going Blind
Aya Gruber, Amy J. Cohen, & Kate Mogulescu, Penal Welfare and the New Human Trafficking Intervention Courts
Caprice Roberts, Supreme Disgorgement
Anthony Jose Sirven, Undue Process: A Father's Proprietary Interest in an Embryo and Its Clash with Casey
Maris Snell, Section 875C: Not for All Intents and Purposes