Jonathon Penney's research while affiliated with Harvard University and other places

Publications (12)

Article
Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have...
Article
The Quebec Secession Reference addressed divisive issues with far-reaching implications for the Canadian constitutional order. Recently, commentators have called for a less traditional and more systematic approach to understanding the decision and its place in the broader scheme of Canadian constitutionalism. This paper challenges the predominant n...
Article
The reference to the supremacy of God (the clause) found in the preamble to the Canadian Charter of Rights and Freedoms has been either marginalized or completely ignored by Courts and legal scholars. This leaves the impression that most are either embarrassed by the clause, or just wish to ignore it. Given the importance the Supreme Court of Canad...
Article
If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion...
Article
Freedom, liberty, and autonomy were the initial ideals heralded by cyberspace’s first generation of thinkers, writers and citizens, by those who helped forge the Internet and the early technological and intellectual foundations of “cyberspace.” These ideas were, says Lawrence Lessig, the “founding values of the Net” and inspired an entire generatio...
Article
Despite important gains, people with disabilities continue to face significant barriers to wealth, labour, health services and education in Canadian society. This is a complex problem in need of a complex solution. Part of the challenge is formulating an approach to legal, political and social reform that focuses on effective institutional change....
Article
Few names loom larger than Ivan Rand’s in the history of Canadian law. If anything, Rand has retained his image as a courageous judge willing to bend the law in creative ways to seek justice and protect the rights of oppressed minorities. But Rand’s legal ideas have not faired as well. Over the years, his theory of “implied rights,” and view of the...
Article
Theories abound about how to understand and explain the development copyright law. Few, however, have focused specifically on the development of secondary liability in digital copyright law. Fewer still have analyzed or theorized the factors that may have driven or influenced that development, particularly judicial reasoning, beyond the obvious poi...
Article
This article discusses the central ideas within an emerging body of cyberlaw scholarship I have elsewhere called the "New Virtualism". We now know that the original "virtualists"- those first generation cyberlaw scholars who believed virtual worlds and spaces were immune to corporate and state control - were wrong; these days, such state and corpor...
Article
First generation cyberlaw scholars were deeply influenced by the uniqueness of cyberspace, and believed its technology and scope meant it could not be controlled by any government. Few still ascribe to this utopian vision. However, there is now a growing body of second generation cyberlaw scholarship that speaks not only to the differential charact...
Article
Complex and far reaching constitutional cases form a dynamic platform on which earlier conflicts within the law are resolved, and new ones develop. One concern that remains to be resolved, is the precise balance between the values and interests that define the right to equality under section 15 of the Charter, and those that characterize justificat...
Article
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Inter-net users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examinat...

Citations

... Був відомий принцип, коли суд призначав одній стороні як вид доказу, протилежна сторона могла не погодитися з таким рішенням і подати касацію. В цьому випадку судовий орган вимушений був призупиняти цю дію до моменту вирішення касації.73 Відкличні засоби Гетьманщини були звичайні й надзвичайні. ...
... era (e.g. Castronova, 2007;Penney, 2012). While all players start in 'abject poverty' in the speculative virtual economy of the 2000s (Castronova, 2007), in the blockchain-powered cryptocurrency world, professional cryptotraders start big, and casual players have to rise up from 'cryptopoverty' first, if they are able to rise from it at all. ...
... 15 Ginsburg, T., Foti, N., Rockmore, D., 2014, p. 109. ferentnih, uglednih" ustava evropskih država nemaju preambulu, 16 njena uporedna "rasprostranjenost" daje važan motiv komentatorima koji nastoje da prouče prirodu njenih funkcija i problem njenog pravnog dejstva. ...
... Early accounts of the "Privacy Paradox" (Barnes 2006;Weber 2000) as well as more recent work (Acquisti et al. 2013) have pointed out that while users state that they are worried about privacy, they appear to readily give up that privacy. Penney (2007) explained that individuals in those cases likely expect a payoff of convenience, efficiency, or functionality that exceeds their privacy concerns. Weber (2000) reported that the payoff does not have to be significant, implying a level of mindlessness, carelessness, or even a lack of concern about giving up privacy. ...
... As stated in a previous section, intellectual and developmental disabilities were previously understood from a biomedical perspective that focuses on an individual's inherent deficits or flaws (Penney, 2002). Increasingly, more organizations (e.g., United Nations, American Association for Intellectual and Developmental Disabilities) are adopting a more holistic definition of what constitutes a disability (Ferrazzi et al., 2013;Kaiser, 2011;Shogren, 2013). ...