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Articles 1 - 26 of 26
Full-Text Articles in Law
Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll
Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll
Washington and Lee Journal of Civil Rights and Social Justice
The federal Wiretap Act—originally enacted to curtail the government’s unbridled use of wiretaps to monitor telephonic communications—was amended in 1986 to provide a private right of action, extending the Act’s Fourth Amendment-like protections to private intrusions. Since the advent of the internet, plaintiffs have attempted to predicate claims of unauthorized online privacy intrusions on the Wiretap Act. In response, defendants claim they are parties to the communications at issue and should be absolved of liability under the Act’s party exception. The federal circuit courts of appeal disagree on how the party exception applies in the internet context. This Note evaluates …
The Three Laws: The Chinese Communist Party Throws Down The Data Regulation Gauntlet, William Chaskes
The Three Laws: The Chinese Communist Party Throws Down The Data Regulation Gauntlet, William Chaskes
Washington and Lee Law Review
Criticism of the Chinese Communist Party (CCP) runs a wide gamut. Accusations of human rights abuses, intellectual property theft, authoritarian domestic policies, disrespecting sovereign borders, and propaganda campaigns all have one common factor: the CCP’s desire to control information. Controlling information means controlling data. Lurking beneath the People’s Republic of China’s (PRC) tumultuous relationship with the rest of the world is the fight between nations to control their citizens’ data while also keeping it out of the hands of adversaries. The CCP’s Three Laws are its newest weapon in this data war.
One byproduct of the CCP’s emphasis on controlling …
Weapons Of Mass Distortion: Applying The Principles Of The Fcc’S News Distortion Doctrine To Undisclosed Financial Conflicts Of Interest In Corporate News Media’S Military Coverage, Charles L. Bonani
Washington and Lee Journal of Civil Rights and Social Justice
This Note offers a new conception of news distortion in mass media. It explores the intentions behind the FCC’s News Distortion Doctrine and analyzes its primarily dormant status throughout its existence. This Note then examines televised media coverage of U.S. military actions and identifies undisclosed financial conflicts of interests throughout this coverage. In examining these undisclosed conflicts and the reasons behind them, this Note explains why they constitute news distortion under the FCC’s definition, and why the principles behind the Doctrine are implicated. This Note then proposes the FCC promulgate a disclosure rule to remedy the undisclosed financial conflicts of …
“Opening The Door” To Presidential Press Conferences: A Framework For The Right Of Press Access, Alexandria R. Taylor
“Opening The Door” To Presidential Press Conferences: A Framework For The Right Of Press Access, Alexandria R. Taylor
Washington and Lee Journal of Civil Rights and Social Justice
Since President Donald Trump took office in 2017, there has been tension between the White House and the press. While this tension has been present in prior presidencies, its current manifestation raises important First Amendment issues. This Note discusses the limitations of the President to restrict the press’s right of First Amendment access to presidential press conferences. After delving into the Supreme Court’s development and recognition of the press’s right of access and how the lower courts have interpreted this right, this Note proposes a framework to analyze the press’s right of access and addresses the question of when and …
Limited Privacy In “Pings:” Why Law Enforcement’S Use Of Cell-Site Simulators Does Not Categorically Violate The Fourth Amendment, Lara M. Mcmahon
Limited Privacy In “Pings:” Why Law Enforcement’S Use Of Cell-Site Simulators Does Not Categorically Violate The Fourth Amendment, Lara M. Mcmahon
Washington and Lee Law Review
This Note proposes four factors courts should consider when asked to determine whether law enforcement’s use of a cell-site simulator constituted a Fourth Amendment search. The first asks courts to consider whether the cell-site simulator surveillance infringed on a constitutionally protected area, such as the home. The second asks courts to consider the duration of the cell-site simulator surveillance. The third asks courts to consider whether the cell-site simulator surveillance was conducted actively or passively. The fourth asks courts to focus on the nature and depth of the information obtained as a result of the cell-site simulator surveillance. If, after …
Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment, Steven M. Harkins
Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment, Steven M. Harkins
Washington and Lee Law Review
No abstract provided.
Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith
Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith
Washington and Lee Law Review
No abstract provided.
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Washington and Lee Law Review
No abstract provided.
Rethinking Press Rights Of Equal Access, Luke M. Milligan
Rethinking Press Rights Of Equal Access, Luke M. Milligan
Washington and Lee Law Review
No abstract provided.
Radio Regulation: The Effect Of A Pro-Localism Agenda On Black Radio, Lavonda N. Reed-Huff
Radio Regulation: The Effect Of A Pro-Localism Agenda On Black Radio, Lavonda N. Reed-Huff
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Deregulating Telecommunications In Internet Time, James B. Speta
Deregulating Telecommunications In Internet Time, James B. Speta
Washington and Lee Law Review
The Telecommunications Act of 1996 has yielded more litigation and less local competition than its supporters expected or intended. Calls for its reform are multiplying. In this Article, Professor Septa diagnoses the 1996 Act's failings and prescribes a framework for reform. The successful deregulations of the transportation industries and of long-distance telecommunications (precedents the 1996 Act sought to follow) demonstrate that the Act should have taken additional steps to promote intermodal telecommunications competition. Transportation deregulation successfully prompted competition where (as in the case of airlines and trucking) multiple firms could compete on an intramodal basis or where (as in the …
Leathers V. Medlock: The Supreme Court Changes Course On Taxing The Press, Robert M. Howie
Leathers V. Medlock: The Supreme Court Changes Course On Taxing The Press, Robert M. Howie
Washington and Lee Law Review
No abstract provided.
The First Amendment Fights Back: A Proposal For The Media To Reclaim The Battlefield After The Persian Gulf War, Michelle Tulane Mensore
The First Amendment Fights Back: A Proposal For The Media To Reclaim The Battlefield After The Persian Gulf War, Michelle Tulane Mensore
Washington and Lee Law Review
No abstract provided.
Gentile V. State Bar Of Nevada: Implications For The Media, Gregory A. Garbacz
Gentile V. State Bar Of Nevada: Implications For The Media, Gregory A. Garbacz
Washington and Lee Law Review
No abstract provided.
Fairness Regulation: An Idea Whose Time Has Gone, Donald E. Lively
Fairness Regulation: An Idea Whose Time Has Gone, Donald E. Lively
Washington and Lee Law Review
No abstract provided.
Blanket Music Licensing And Local Television: An Historical Accident In Need Of Reform, Frederick C. Boucher
Blanket Music Licensing And Local Television: An Historical Accident In Need Of Reform, Frederick C. Boucher
Washington and Lee Law Review
No abstract provided.
Pay Television And Section 605 Of The Communications Act Of 1934: A Need For Congressional Action
Pay Television And Section 605 Of The Communications Act Of 1934: A Need For Congressional Action
Washington and Lee Law Review
No abstract provided.
Home Box Office And The Fcc's Reasonably Ancillary Jurisdiction
Home Box Office And The Fcc's Reasonably Ancillary Jurisdiction
Washington and Lee Law Review
No abstract provided.
Domestic Telecommunications Policy: An Overview, Charles F. Phillips, Jr.
Domestic Telecommunications Policy: An Overview, Charles F. Phillips, Jr.
Washington and Lee Law Review
No abstract provided.
Advertising And Recent Developments In The Fairness Doctrine
Advertising And Recent Developments In The Fairness Doctrine
Washington and Lee Law Review
No abstract provided.
Growing Pains In Broadcast Regulation, Robert R. Huntley
Growing Pains In Broadcast Regulation, Robert R. Huntley
Washington and Lee Law Review
No abstract provided.
Torts-Liability Of Radio Station For Defamation Broadcast By Lessee Of Its Facilities
Torts-Liability Of Radio Station For Defamation Broadcast By Lessee Of Its Facilities
Washington and Lee Law Review
No abstract provided.
Protection Against Invasion Of Privacy In Communications: The Olmstead Case Sustained
Protection Against Invasion Of Privacy In Communications: The Olmstead Case Sustained
Washington and Lee Law Review
No abstract provided.
Right Of Privacy-Protection Against Publication Of News-Worthy Information [Sidis V. F-R Publishing Co., C. C. A. 2d, 1940].
Washington and Lee Law Review
No abstract provided.
Telegraphs And Telephones-Qualified Privilege Of Telegraph Company To Transmit Defamatory Messages Where Sender Is Not Privileged [O'Brien V. Western Union Telegraph Co., C. C. A. Ist, 1940]
Washington and Lee Law Review
No abstract provided.