Constitution Day is observed each year on September 17 to commemorate the signing of our Constitution in 1787. On display in the Law Library lobby throughout the month of September is an exhibit featuring foundational documents that shaped the Constitution, including the Declaration of Independence and the Articles of Confederation, along with examples of broadsides that were crucial to the states’ decisions to ratify our founding document.
Hispanic Heritage Month
https://www.army.mil/article/87962/army_aims_outreach_at_hispanic_community
Saturday, September 15, marks the independence day of five Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. Mexico, Chile, and Belize follow shortly after, on the 16th, 18th and 21st. The Harris County Law Library extends Happy Independence Day wishes to the more than 57 million Americans, and roughly 11 million Texans, who claim Hispanic roots. We would also like to commemorate Hispanic Heritage Month, which runs from September 15 through October 15, by recognizing the contributions of several of our era’s high-profile Hispanic lawyers, including Supreme Court Justice Sonia Sotomayor; former Attorney General Alberto Gonzales; United States Senators Ted Cruz and Marco Rubio; New Mexico Governor, Susana Martinez; and former Director of Intergovernmental Affairs under President Obama, Cecilia Muñoz. We also honor the trailblazers who came before, including the rich history of Latina and Latino lawyers practicing before the United States Supreme Court.
National Bar Associations
State and Local Bar Associations
Stacks Donated for HBA Literacy Book Drive
More than 100 books collected at the Harris County Law Library will travel to the Houston Bar Association today in support of the HBA Lawyers for Literacy Committee 25th Annual Book Drive. Donations came from Law Library patrons and staff, and from attorneys and staff at the Harris County Attorney’s Office. Each book will help the Committee reach its goal of 25,000 books and will be distributed in support of literacy programs throughout the Houston area.
An unexpected guest accompanied one donation - a miniature bust of President John F. Kennedy. Here, you can see the tiny monument posing with Law Library Director Mariann Sears and the donated tomes. If he’s yours, he’ll be at the reference desk.
DMCA Handbook for Online Service Providers, Websites, and Copyright Owners
By Connie J. Mabelson
Published by American Bar Association. Section of Intellectual Property Law.
KF 3030.1 .M33 2018
Enacted in 1998 as the Online Copyright Infringement Liability Act, the Digital Millennium Copyright Act (DMCA) protects online service providers (OSPs) from contributory copyright infringement in connection with the transmitting, caching, storing, or indexing of online copyrighted content. Within the DMCA are four safe harbors that give immunity to OSPs from monetary damages resulting from copyright infringement. Of course, some things are easier said than done. That is where attorney Connie J. Mabelson and her book DMCA Handbook for Online Service Providers, Websites, and Copyright Owners come in to save the day. Mabelson explains all that OSPs need to know about acquiring the immunity and protection promised by the DMCA in the event that the OSP, either knowingly or unknowingly, transmitted, cached, stored, or indexed infringing content on its servers. She begins, though, with the basics. She defines an OSP and what qualifies as a service provider, whether it be a website, a search engine, or a host of other providers of online content. She then provides an overview of the content protected by copyright law, how such content can be infringed upon, specifically in an online environment, and the affirmative defenses that an alleged infringer may assert in a suit for copyright infringement.
Mabelson reminds us that OSPs can limit their liability for claims of contributory or vicarious copyright infringement through the application of the safe harbors set forth in the DMCA. These safe harbors exist for transmitting, caching, storing, and indexing online content. However, the safe harbors can only be used if the OSP is eligible and if the OSP followed the process specifically laid out in the DMCA, including the take-down process. The author also includes some sample forms, such as take-down notices and letters to alleged infringers.
Whether you are a website owner, copyright owner, or content creator, you will want to read DMCA Handbook for Online Service Providers, Websites, and Copyright Owners for a clearer understanding of the DMCA, its requirements, and its protections.
Facial Recognition, Biometrics, and the Law in Texas
Starting in December of last year, social media was full of more selfies than usual. That's when the Google Arts and Culture app launched its image-matching feature. Here's how it works. A user opens the app, finds the "Is My Portrait in a Museum?" prompt, and snaps a selfie with her camera. The image is uploaded into the Google cloud which then works its Google magic to find her doppelganger in a vast collection of digitized paintings culled from museums throughout the world. All of this sounds like a fun and harmless diversion, and, indeed, the app's sudden rise to the top of the charts attests to it widespread popularity. However, some worry that the app is inherently risky, and they question how Google will use the data it collects. In other words, the app is free, but at what cost to the user. In some jurisdictions, including Texas (and Illinois), biometric privacy protections are codified into the law in attempt to address exactly these concerns.
The use of facial recognition data for identification purposes is expressly prohibited in the Texas Business & Commerce Code, Section 503.001 unless certain requirements are met. Namely, the person or company who collects the biometric data must (1) inform the individual before capturing the biometric identifier and (2) receive the individual's consent. The Google Arts and Culture app does indeed prompt the user to accept the privacy agreement and states that Google "will only store your photo for the time it takes to search for matches." Nevertheless, Google has blocked the selfie-matching feature in Texas (and Illinois) fearing, presumably, the imposition of a $25,000 fine per violation of the Texas law.
It's been suggested that this denial of service may be Google's way of signaling to states who restrict the use of certain technologies that they won't be able share in all the benefits that tech companies have to offer. Perhaps it's a snub to those who won't cooperate with the tech giants by permitting the legal collection and use of biometric data. In any case, concerns about the collection of facial geometry data by Google, Facebook, Amazon, and others are very real, and although no federal laws yet exist to prohibit the use and retention of such data, this area of the law is sure to develop as the technology advances. Until then, there are ways to circumvent the Google restrictions in Texas and to find your look-alike in the art of the world. Have fun...if you dare!
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