Catch 1201: A Legislative History and Content Analysis of the DMCA Exemption Proceedings

17 USC Section 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings. Inspired by the literature on political agendas, policymaking institutions, venue shifting, and theories of delegation, we conclude that the legislative motivations for Section 1201 were laundered through international treaties, obscuring the anticircumvention clause’s domestic origins. Further, we conclude that the exemption proceeding is constructed not to protect noninfringing users, but to limit courts’ ability to exonerate them via the traditional defenses to copyright infringement. We then conduct a content analysis of the first two proceedings, conducted in 2000 and 2003. Exemption proponents generally interpret the law’s intent in terms of policy goals such as fair use, whereas opponents see jurisdictional, procedural, and definitional obstacles to the granting of exemptions. The Register of Copyrights’ interpretation of the law closely resembles that of opponents and, on more than one key point, she refers proponents back to Congress. We conclude that the Register has constructed a venue that is hostile to the interests of noninfringing users; in light of congressional rhetoric to the contrary, this constructs a catch-22 for many who earnestly wish to engage in otherwise legal activities

Importance subsampling: Improving power system planning under climate-based uncertainty

Recent studies indicate that the effects of inter-annual climate-based variability in power system planning are significant and that long samples of demand & weather data (spanning multiple decades) should be considered. At the same time, modelling renewable generation such as solar and wind requires high temporal resolution to capture fluctuations in output levels. In many realistic power system models, using long samples at high temporal resolution is computationally unfeasible. This paper introduces a novel subsampling approach, referred to as importance subsampling, allowing the use of multiple decades of demand & weather data in power system planning models at reduced computational cost. The methodology can be applied in a wide class of optimisation-based power system simulations. A test case is performed on a model of the United Kingdom created using the open-source modelling framework Calliope and 36 years of hourly demand and wind data. Standard data reduction approaches such as using individual years or clustering into representative days lead to significant errors in estimates of optimal system design. Furthermore, the resultant power systems lead to supply capacity shortages, raising questions of generation capacity adequacy. In contrast, importance subsampling leads to accurate estimates of optimal system design at greatly reduced computational cost, with resultant power systems able to meet demand across all 36 years of demand & weather scenarios

Non-Restarting CUSUM charts and Control of the False Discovery Rate

Cumulative sum (CUSUM) charts are typically used to detect changes in a stream of observations e.g. shifts in the mean. Usually, after signalling, the chart is restarted by setting it to some value below the signalling threshold. We propose a non-restarting CUSUM chart which is able to detect periods during which the stream is out of control. Further, we advocate an upper boundary to prevent the CUSUM chart rising too high, which helps detecting a change back into control. We present a novel algorithm to control the false discovery rate (FDR) pointwise in time when considering CUSUM charts based on multiple streams of data. We prove that the FDR is controlled under two definitions of a false discovery simultaneously. Simulations reveal the difference in FDR control when using these two definitions and other desirable definitions of a false discovery.Comment: 10 pages, 2 figure

Critical Conversations around Hiring Equity and Anti-Racist Search Processes

When the COVID-19 pandemic shut down institutions in March 2020, many academic programs faced budget cuts and hiring freezes (Friga, 2020). The impact of budget cuts most severely impacted HBCU’s and rural colleges (Kelchen et al., 2021). Yet, as the pandemic restrictions eased and some schools found ways to begin hiring again; however, things were different this time. Many schools conducted their searches entirely virtually (Banks et al., 2020). As many social work educators can attest, a switch from in-person to virtual methods presented unique challenges (Paceley et al., 2021). This 4-person panel included a successful job candidate and three members of search committees. The panel shared tips and tricks that helped the searches run smoothly in the virtual environment. Additionally, there was a focus on making the virtual environment as welcoming and attractive as possible. The panel presented perspectives from rural and urban teaching-focused and research-focused institutions ranging in Carnegie Classifications from “R1: Doctoral Universities – Very high research activity” to “Master\u27s College and University”. These perspectives encompassed both PWI and HBCU. Critical conversations around hiring equity and antiracist search processes are an important part of higher education leadership. As social workers, we must act to eliminate racist hiring trends in higher education and bring equity to the front of the table in hiring conversations (Gates et al., 2021). Participants in this panel confronted their own biases related to antiracist search practices and learned new strategies for faculty searches in the landscape of an ongoing pandemic (Fariña et al., 2021)

The precautions of clinical waste: disposable medical sharps in the United Kingdom

This article deals with recent changes in UK guidance on clinical waste, in particular a shift to disposable, single-use instruments and sharps. I use interviews conducted with nurses from a GP practice and two clinical waste managers at alternative treatment and incineration sites as a springboard for reflection on the relationship between the legislation on clinical waste management and its implementation. Scrutinizing the UK guidance, European legislation and World Health Organization principles, I draw out interviewees’ concerns that the changed practices lead to an expansion of the hazardous waste category, with an increased volume going to incineration. This raises questions regarding the regulations’ environmental and health effects, and regarding the precautionary approach embedded in the regulations. Tracing the diverse reverberations of the term ‘waste’ in different points along the journeys made by sharps in particular, and locating these questions in relation to existing literature on waste, I emphasize that public health rationales for the new practices are not made clear in the guidance. I suggest that this relative silence on the subject conceals both the uncertainties regarding the necessity for these means of managing the risks of infectious waste, and the tensions between policies of precautionary public health and environmental sustainability