Posted on Monday 18 February 2008
Julie Cohen came and gave a talk at the UC Berkeley School of Information on February 15, 2008. Audio of her lecture is available here:
Julie E. Cohen is a Professor of Law at the Georgetown University Law
Center.

She teaches and writes about intellectual property law and privacy law, with
particular focus on copyright and on the intersection of copyright and
privacy rights in the networked information society. She is a co-author
of Copyright in a Global Information Economy (Aspen Law & Business, 2d
ed. 2006), and is a member of the Advisory Boards of the Electronic
Privacy Information Center and Public Knowledge. From 1995 to 1999,
Professor Cohen taught at the University of Pittsburgh School of Law.
From 1992 to 1995, she practiced with the San Francisco firm of
McCutchen, Doyle, Brown & Enersen, where she specialized in intellectual
property litigation. Professor Cohen received her A.B. from Harvard
University and her J.D. from the Harvard Law School, where she was a
Supervising Editor of the Harvard Law Review. She is a former law clerk
to Judge Stephen Reinhardt of the United States Court of Appeals for the
Ninth Circuit.
Abstract
Rethinking Unauthorized Access
In recent years, the law has been asked to respond to a variety of
disputes involving the accessibility of information and related
standards and practices. These disputes cover the waterfront from the
design of proprietary media players to network neutrality to privacy
protection for search queries. So far, the law has been unable to
generate compelling discourses and principles for evaluating them. This
chapter will offer another way of thinking about issues of accessibility
and unauthorized access. I begin by exploring some of the situations in
which the legal rhetorics of innovation, competition, trespass, and
freedom of speech have failed to generate sustainable solutions to
problems of unauthorized access. Next, I consider some alternate ways of
conceptualizing the manner in which networked information technologies
create, disrupt, and “regulate” geographies of accessibility and
inaccessibility. The reference point for this exercise is not
innovation, competition or expressive freedom, but rather what I will
call the “informatics of everyday practice,” a term intended to
encompass all of the ways in which situated, embodied users experience
and interact with networked information technologies and the purposes
for which they do so. Finally, I consider some lessons for law and
policy. First, attention to the informatics of everyday practice
suggests that the law should shelter hacking and tinkering in many
instances, and explains why those activities are valuable both
intrinsically and instrumentally. But altering the law to privilege
technical self-help is not a panacea. I will argue that the law also
should pay closer attention to the design of network standards and
related “expert” processes.



