The EFF has released "Brief of PK and EFF in ClearCorrect v. ITC."
Here's an excerpt from the announcement:
In the sweeping and unprecedented decision below, the International Trade Commission found that its authority to regulate trade extends to pure "electronic transmission of digital data" untied to any physical medium. Generally, by statute, the Commission's jurisdiction is limited to oversight of "importation . . . of articles." However, the Commission expansively construed the term "articles" to potentially include anything "bought and sold in commerce," thereby leading to its conclusion that digital data was an article of importation. This broadly sketched statutory construction fails to indicate clearly any limiting principles on the Commission's power.
Among other things, the Commission's decision leaves open the question of whether all transmissions of telecommunications data are within the scope of its authority.
Digital Scholarship | "A Quarter-Century as an Open Access Publisher"
