Digital Commons Network^™

Sweeten The Deal: Transfer Of Federal Spectrum Through Overlay Licenses, Brent Skorup

Richmond Journal of Law & Technology

The explosion in consumer demand for wireless services that began in the 1990s caught policymakers off guard. Demand for wireless services has only accelerated, as new cellular wireless technologies-such as broadband Internet via 3G and 4G LTE-permit services such as web browsing, video streaming, the Internet of things, and gaming, necessitating a steady influx of spectrum as an input.

Can I Call You Back? A Sustained Interaction With Biospecimen Donors To Facilitate Advances In Research, Jonathan S. Miller

Richmond Journal of Law & Technology

"For the cure." This statement resonates throughout society and offers a simple reasoning for the conduct of biomedical research. It provides a strong impetus for advocates of biomedical research to pursue appropriations to support research hypotheses, advanced medical technologies, and targeted therapeutic strategies. Answering sophisticated medical questions, however, requires researchers and clinicians to have an adequate supply of materials necessary to facilitate their research endeavors. These materials-commonly referred to as biospecimens- may include frozen human embryos, tissue specimens, blood samples, buccal swabs, or exhaled breath condensate, all of which may be collected and stored in biobanks.

Snapchat And Sexting: A Snapshot Of Baring Your Bare Essentials, Nicole A. Poltash

Richmond Journal of Law & Technology

The usurpation of personal pictures posted on social media websites is not uncommon.

No Implied Effect: The ‘Safe’ Fcc Cell Phone Radiation Standard And Tort Immunity By Implied Conflict Preemption, Sean M. Sherman

Richmond Journal of Law & Technology

Cell phones emit low-level radiation. Constantly.

Teacher Cell Phone Searches In Light Of Ontario V. Quon, Joseph O. Oluwole

Richmond Journal of Law & Technology

Technological innovations permeate almost every inch of society. From the government and corporate workforce to family and social settings, technology seemingly knows no boundaries. Technology’s limitless reach has even crossed into the realm of public schools, where, according to teacher Lyn Newton, “[s]chool principals are witnessing more and more cell phone use by their teachers.” Teachers, like other cell phone users, use cell phones not only for making phone calls, but also for taking pictures and texting, which has landed some teachers in trouble for inappropriate communications. Indeed, the sexting wave has not eluded teachers.

The Limitations And Admissibility Of Using Historical Cellular Site Data To Track The Location Of A Cellular Phone, Aaron Blank

Richmond Journal of Law & Technology

Imagine someone has just committed a crime. Shortly thereafter, law enforcement responds and quickly apprehends a suspect on the scene or close by. In order to prove guilt beyond a reasonable doubt, the time and place of apprehending the suspect, combined with witness testimony or physical evidence, may be enough for the prosecution to meet its burden of proof.

Near Impossible To Enforce At Best, Unconstitutional At Worst: The Consequences Of Maryland’S Text Messaging Ban On Drivers, Alan Lazerow

Richmond Journal of Law & Technology

A local newspaper reports that your state recently passed a law prohibiting citizens from “writ[ing] or send[ing] a text message while operating a motor vehicle.” Armed with the knowledge of the texting ban, you, being a reasonable citizen, are likely to proceed in one of at least three ways, each of which exposes the statute’s fundamental flaws.

Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio

Richmond Journal of Law & Technology

Sexting is a relatively recent practice engaged in by the young, and sometimes not-so-young, and foolish. “Sexting” is “the practice of sending or posting sexually suggestive text messages and images, including nude or semi-nude photographs, via cellular telephones or over the Internet.”

Hidden Costs Of The Wireless Broadband Lifestyle: Comparing Consumer Protections In The United States, Canada, And The European Union, Renee Dopplick

Richmond Journal of Law & Technology

Spurred by relatively inexpensive and widely available retail equipment and increased residential Internet penetration, consumer demand for more wireless broadband options continues at a rapid rate. Now, with consumers increasingly looking for mobile Internet interconnectivity over greater distances and with greater flexibility, technology companies are pushing the next generation of wireless broadband technologies with the promise of freeing consumers from location-based Internet access. These newer technologies can provide robust video and audio capabilities, such as digital television, on-demand video, and VoIP on a variety of digital devices. Yet, the rise of wireless

broadband networks and the roll-out of new technologies …

Preventing A Modern Panopticon: Law Enforcement Acquisition Of Real-Time Cellular Tracking Data, Steven B. Toeniskoetter

Richmond Journal of Law & Technology

Nineteenth Century philosopher Jeremy Bentham designed a prison system known as the Panopticon which was arranged in such a way that a single guard could, at any given time, view the activities and whereabouts of any particular prisoner. Bentham designed the prison in such a way that the prisoners could never tell whether they were being watched. Twentieth Century French philosopher Michel Foucault further considered use of the Panopticon as a means of societal control through fear in his seminal book Discipline and Punish: The Birth of the Prison.

A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz

Richmond Journal of Law & Technology

Little Timmy’s parents both work late, and he often finds himself sitting alone in front of the television after school. He doesn’t know the difference between “broadcast,” “cable,” or “direct broadcast satellite,” but he does know how to work the remote control. One day, as he is clicking through the channels – 2, 4, 7, 93, 128, they’re all the same to him – he comes across a provocative scene. What are those two people doing? he wonders with wide eyes. And where are most of their clothes? At that moment, Timmy’s father walks in and is shocked by the …

Automobile Accidents Associated With Cell Phone Use: Can Cell Phone Service Providers And Manufacturers Be Held Liable Under A Theory Of Negligence?, Jordan B. Michael

Richmond Journal of Law & Technology

Cell phone related car accidents have received a lot of attention in the press and academic journals over the past few years.1 Articles have discussed the impact of driving while using a hand-held or hands-free cell phone, and in some instances have identified liability on the part of employers. A number of cases have gone to the jury on employer liability based on respondeat superior, where the employer is held responsible for the actions of an employee acting within the scope of employment.

Brief Of Amicus Curiae — U.S. States

Richmond Journal of Law & Technology

America is frustrated with telemarketing. To help individuals reclaim a measure of peace and privacy in their homes, the States and, later, the federal agencies had to step in. On behalf of the fifty-one million individuals who have registered on the national do-not-call (“DNC”) list, Amici Curiae California, Colorado, Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, …

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Tim Searcy

Richmond Journal of Law & Technology

Senators, thank you for giving me this opportunity to testify before you today, on a matter of great importance to U.S. consumers, and business alike: the formation of a federal Do Not Call Registry. I am the Executive Director of the American Teleservices Association, which is the largest and only association dedicated exclusively to the interests of the teleservices industry. We are enjoying our twentieth anniversary this year, and represent approximately 650 rms involved in the teleservices industry. Our membership is tremendously diverse, and encompasses all aspects of telemarketing, customer service, market research, political calling, non- profit fundraising and technical …

Defendant’S Brief — Federal Trade Commission

Richmond Journal of Law & Technology

Plaintiff/petitioner telemarketers brought these actions challenging the FTC’s and FCC’s joint implementation of a nationwide do-not-call registry. The FTC created the registry as part of its Telemarketing Sales Rule. The Rule prohibits tele- marketers and sellers from calling phone numbers that consumers have listed on the registry. Subsequently, the FCC amended its rules implementing the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, to prohibit persons from mak- ing telephone solicitations to residential telephone subscribers who have registered their telephone numbers on the registry. Since June 27, 2003, when the registry opened, consumers have registered more than 50 million …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the fourth issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! Issue 4 is the world’s rst collection of Do Not Call List materials compiled in a single law review issue. Issue 4 contains several preexisting materials, including Congressional testimony, party briefs, and amicus briefs for the Do Not Call List appeal before the Tenth Circuit Court of Appeals, in additional to original scholarly articles prepared speci cally for the Journal.

Telemarketing Sales Rule Commentary — Cox Enterprises, Inc.

Richmond Journal of Law & Technology

Cox Enterprises, Inc. (“CEI” or “Cox”) hereby submits these comments in response to the Federal Trade Commission’s (“FTC”) Notice of Proposed Rulemaking relating to the proposed amendment of the Telemarketing Sales Rule (the “TSR” or “Rule”). Cox welcomes this opportunity to comment on the proposed amended Rule, and strongly supports the efforts of the FTC to protect consumers from fraudulent and deceptive telemarketing.

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Lee Hammond

Richmond Journal of Law & Technology

My name is Lee Hammond and I am a member of AARP’s Board of Directors. On behalf of AARP and its thirty- ve million members, thank you for inviting us here this morning to discuss the importance of implementing and enforcing the Federal Trade Commission’s (FTC) national Do Not Call registry. AARP’s members have been among the millions of Americans who have taken the initiative to place their phone numbers into the Registry in an effort to reduce the amount of unwanted telemarketing calls. We share your indignation over recent court decisions to stymie this effort and we are here …

Brief Of Amici Curiae — Aca International

Richmond Journal of Law & Technology

ACA International (“ACA”), formerly known as the American Collectors Association, Inc., is the international trade association for credit and collection professionals. ACA’s members provide a wide variety of accounts receivable management services. Headquartered in Minneapolis, Minnesota, ACA represents the interests of approximately 5,300 third-party collection agencies, attorneys, credit grantors and vendor affiliates.

Brief Of Amici Curiae – Representatives W.J. “Billy” Tauzin And John D. Dingell And Certain Other Members Of The House Of Representatives Of The United States

Richmond Journal of Law & Technology

In 1995, the Federal Trade Commission (“FTC”) promulgated telemarketing rules that prohibit “a seller or telemarketer [of goods or services] from calling a consumer who has previously asked not to be called by or on behalf of that seller.” Earlier this year, the FTC amended its rules to make it easier for consumers to avoid telemarketing calls. Under the revised rule, commonly known as the “Do Not Call” rule, individuals can choose to prohibit all commercial telemarketing calls to their homes or cellular phones, with a limited exception for calls made pursuant to an established business relationship. The revised FTC …

Defendant’S Reply Brief — Federal Trade Commission

Richmond Journal of Law & Technology

The do-not-call registry is the product of concerted, measured efforts by Congress and two agencies over more than a decade. When Congress passed the Telephone Consumer Protection Act (“TCPA”), it recognized that the nature and volume of unwanted telemarketing had created significant intrusions into residential privacy that individuals were powerless to combat. Congress authorized creation of a do-not-call registry at that time, but gave the Federal Communications Commission (“FCC”) latitude to consider other options, such as requiring telemarketers to keep their own do-not-call lists.

Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation

Richmond Journal of Law & Technology

This Amicus Curiae Brief is respectfully filed by the undersigned members of the United States Senate Committee on Commerce, Science, and Transportation (“Committee”). Acting in our capacity on behalf of the United States government, we may file this Brief pursuant to Fed. R. App. P. 29(a). The Committee exercises oversight responsibility for both the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”). With the respect owed to a co-equal branch of government, we file this Brief to share with the Court our strongly-held views regarding the constitutional law issues in contest in this appeal and the vital public …

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Gerald Cerasale

Richmond Journal of Law & Technology

Good morning, Mr. Chairman and members of the Committee. I thank you for the opportunity to appear before your Committee as it examines the issues surrounding the national Do-Not-Call Registry. I am Jerry Cerasale, Senior Vice President for The Direct Marketing Association, Inc. (“The DMA”).

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Michael K. Powell

Richmond Journal of Law & Technology

Good morning, Mr. Chairman and distinguished members of the Committee. It is my pleasure to come before you today with my colleague Federal Trade Commission Chairman Tim Muris to discuss the implementation of the national Do-Not-Call Registry.

Do Not Call: Abdicating And Ignoring Responsibility, Tim Searcy

Richmond Journal of Law & Technology

I am not a lawyer, but for nearly a decade and a half, I have dealt with the issues that gave rise to the Federal Do Not Call Registry. Regardless of what you have read or seen, this issue did not just appear on the scene with the updating of the FTC’s Telemarketing Sales Rule or the subsequent corollary changes made by the FCC in its rules implementing the Telephone Consumer Protection Act (“TCPA”). As a matter of fact, the original regulatory rulemaking by the FCC to implement the TCPA are over a decade old.

The Do-Not-Call List’S Big Hang-Up, Jared Strauss

Richmond Journal of Law & Technology

On October 1, 2003, the Federal Trade Commission’s National Do- Not-Call Registry was supposed to go into effect. By forbidding companies and telemarketers from making unsolicited calls to anyone who had registered their phone number on the list three months prior, this program culminated a decade’s worth of efforts to alleviate consumer frustration with unwanted sales calls. However, on September 27, 2003, the District of Colorado derailed the registry, holding that the rule made an unconstitutional distinction between commercial and noncommercial speech by covering commercial calls and exempting calls for charitable, religious, or political organizations.

Plaintiff’S Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association

Richmond Journal of Law & Technology

This case is a cautionary tale about what happens when federal agencies allow perceived political imperatives to override legal and constitutional concerns.

Brief Of Amicus Curiae – American Association Of Retired Persons

Richmond Journal of Law & Technology

AARP is a non-partisan, non-profit organization with more than 35 million members aged 50 and older. As the largest membership organization representing the interests of older Americans, AARP has a longstanding interest and involvement in combating telemarketing abuses and educating consumers about dealing with unwanted sales calls. While AARP’s concerns about telemarketing arose due to widespread fraudulent practices that targeted older persons (and those concerns continue), these initial concerns led to an expanded focus on effective means to reduce numerous, repeated intrusions into people’s homes by callers trying to sell myriad products and services. AARP thus has devoted significant resources …

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Timothy J. Muris

Richmond Journal of Law & Technology

As you know, the Commission adopted the Registry as one of the amendments to the Telemarketing Sales Rule (TSR) announced December 18, 2003, and formally promulgated in the Federal Register on January 29, 2003. On March 11, 2003, President Bush signed into law the Do Not Call Implementation Act (DNCIA), which provides for the FTC to collect fees from sellers and telemarketers to fund the establishment and maintenance of the National Do Not Call Registry. Congress enacted this legislation, and provided complementary appropriations, to support the FTC’s decision to establish such a Registry (conditioned on funding) as part of its …

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Rodney Smolla

Richmond Journal of Law & Technology

I wish to thank the Committee for this opportunity to present testimony on the issues implicated by recent judicial rulings concerning the national telemarketing “Do Not Call” registry, developed by both the Federal Trade Commission and Federal Communications Commission.