Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Communications Law

Journal

2010

Institution
Keyword
Publication

Articles 1 - 30 of 81

Full-Text Articles in Law

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia Dec 2010

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.


The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey Dec 2010

The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda Dec 2010

Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda

Federal Communications Law Journal

Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.


The Future Of Digital Communications Research And Policy, Scott Wallsten Dec 2010

The Future Of Digital Communications Research And Policy, Scott Wallsten

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


The Changing Patterns Of Internet Usage, Christopher S. Yoo Dec 2010

The Changing Patterns Of Internet Usage, Christopher S. Yoo

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding Dec 2010

Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding

Federal Communications Law Journal

A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …


The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee Dec 2010

The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield Dec 2010

The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


Editor's Note, Ann E. O'Connor Dec 2010

Editor's Note, Ann E. O'Connor

Federal Communications Law Journal

No abstract provided.


Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell Dec 2010

Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell

Federal Communications Law Journal

In 2009, the Supreme Court upheld the FCC's finding in Fox TV Stations v. Federal Communications Commission that the broadcast of "fleeting expletives" violated a federal law prohibiting the broadcast of indecency, but remanded the case for consideration of the broadcast networks' claims that the FCC action violated the First Amendment. On remand, the Second Circuit found that the FCC's prohibition against "fleeting expletives" was unconstitutionally vague. It is widely expected that the Supreme Court will review this decision and that the networks will ask the Court to reconsider its 1978 decision in Pacifica Foundation v. Federal Communications Commission. This …


Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami Dec 2010

Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami

Federal Communications Law Journal

There has been considerable scholarship exploring the need to breathe deliberative life back into the localism standard by requiring broadcasters to include more meaningful local news and public affairs programming, pursuant to the public interest obligations imposed on radio licensees. There has been little scholarly attention, if any, however given to broadening understandings of localism to include music and popular cultural expression for the purpose of furthering deliberative discourse in particular, rather than solely for entertainment purposes. This Article focuses on a particular moment in radio and America's cultural history that was rife with struggles over constructions of identity, and …


Masthead Vol.63 No.1 (2010) Dec 2010

Masthead Vol.63 No.1 (2010)

Federal Communications Law Journal

No abstract provided.


Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons Dec 2010

Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons

University of Michigan Journal of Law Reform

This Article critically examines the division of regulatory jurisdiction over telecommunications issues between the federal government and the states. Currently, the line between federal and state jurisdiction varies depending on the service at issue. This compartmentalization might have made sense fifteen years ago, but the advent of technology convergence has largely rendered this model obsolete. Yesterday's telephone and cable companies now compete head-to-head to offer consumers the vaunted "triple play" of voice, video, and internet services. But these telecommunications companies are finding it increasingly difficult to fit new operations into arcane, rigid regulatory compartments. Moreover, services that consumers view as …


Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith Dec 2010

Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith

Federal Communications Law Journal

The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives …


From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas Dec 2010

From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas

Federal Communications Law Journal

After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …


Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele Dec 2010

Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele

Federal Communications Law Journal

Indecency regulations promulgated by the FCC used to be effective, but today's technological advances call those regulations into question. With the prevalence of digital video recorders and the availability of television shows on the Internet, children have unprecedented access to material broadcast at all times of day. As a result, the "safe harbor" rationale restricting the broadcast of indecent material no longer makes sense. A move toward deregulation is the most logical step to take, as it would prevent any First Amendment violations and would allow the networks freedom to broadcast material that the public may be interested in without …


The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall Oct 2010

The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall

San Diego International Law Journal

This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.


Inducement Or Solicitation? Competing Interpretation Of The "Underlying Illegality" Test In The Wake Of Roommates.Com, Jeffrey R. Doty Oct 2010

Inducement Or Solicitation? Competing Interpretation Of The "Underlying Illegality" Test In The Wake Of Roommates.Com, Jeffrey R. Doty

Washington Journal of Law, Technology & Arts

In Fair Housing Council of San Fernando Valley v. Roommates.com, the United States Court of Appeals for the Ninth Circuit held that a Web site operator loses the immunity granted by section 230 of the Communications Decency Act by materially contributing to the alleged illegality of its third-party content. Subsequent case law seems to reflect two different standards for determining when this “underlying illegality” test is satisfied. Most courts have adopted a narrow reading of Roommates.com, denying immunity only when a Web site has explicitly requested illegal content. In NPS LLC v. StubHub, Inc., however, a Massachusetts …


Destination Ventures, Ltd. V. F.C.C. And Moser V. F.C.C.: How Much Should The Telephone Consumer Protection Act Restrict Your Phone, Fax And Computer?, Michael D. Mcconathy Sep 2010

Destination Ventures, Ltd. V. F.C.C. And Moser V. F.C.C.: How Much Should The Telephone Consumer Protection Act Restrict Your Phone, Fax And Computer?, Michael D. Mcconathy

Golden Gate University Law Review

The Ninth Circuit upheld the constitutionality of the Telephone Consumer Protection Act (hereinafter "TCPA") in two February 1995 decisions: Destination Ventures, Ltd. v. F.C.C. and Moser v. F.C.C. Destination Ventures marked the first examination of the TCPA by any United States Court of Appeals. In that case, the Ninth Circuit held that the TCPA ban on unsolicited facsimile (hereinafter "fax") advertising was a constitutional regulation of commercial speech since the provision reasonably fit the government interest in preventing advertisement cost-shifting to the consumer. Five days later, in Moser, the same three-judge panel reversed a district court decision and upheld the …


An Alternative Proposal To The Fcc's Proposed Amendment: Broadcast Media Concentration Rules, David C. King Sep 2010

An Alternative Proposal To The Fcc's Proposed Amendment: Broadcast Media Concentration Rules, David C. King

Golden Gate University Law Review

In September, 1983, the FCC issued for administrative comment a Notice of Proposed Rule Making (hereafter Notice) aimed at amending the Seven Station Rule. The three major reasons cited by the Commission for proposing the amendment were the arbitrariness of the Seven Station Rule, the changed circumstances in the broadcasting industry since 1953, and the harm to diversity caused by the Rule despite its intended purpose. The Notice did not cite a specific alternative to the Rule, but indicated a possible interim amendment in the numerical ceiling to fourteen on-air television stations and thirty-six radio stations (FM and AM combined). …


Communications Law, Richard D. Harmon Sep 2010

Communications Law, Richard D. Harmon

Golden Gate University Law Review

No abstract provided.


Communications Law, Marla Katz Westover Sep 2010

Communications Law, Marla Katz Westover

Golden Gate University Law Review

No abstract provided.


Selected International Rules Of Foreign Direct Investment In The Telecommunications Sector And Its Influences On Taiwan's Telecommunications Legislation, Chun Hung Lin Sep 2010

Selected International Rules Of Foreign Direct Investment In The Telecommunications Sector And Its Influences On Taiwan's Telecommunications Legislation, Chun Hung Lin

Annual Survey of International & Comparative Law

In past decades, the most significant contributor to the booming global economy was the development of cross-border transactions. Specifically, foreign investment has expanded rapidly, becoming an increasingly important factor in host economies and in the international community. Also, foreign direct investment (FDI) has increased rapidly for a substantial period and covering a wide spectrum of industries. Moreover, foreign investment capital generally will spur economic growth and create better living standards in particular countries. Despite the benefits of FDI, many developing countries fear that by opening up their markets to competition and foreign investment without any restrictions, they will lose control …


If You Can't Say It, Why Can You Show It? An Open Letter To The Fcc, Wendy P. Rouder Aug 2010

If You Can't Say It, Why Can You Show It? An Open Letter To The Fcc, Wendy P. Rouder

Golden Gate University Law Review

No abstract provided.


Foreword: Advertising And The Law, Mark Bartholomew Jul 2010

Foreword: Advertising And The Law, Mark Bartholomew

Buffalo Law Review

This foreword to a special issue of the Buffalo Law Review provides an overview of seven articles addressing the intersection of advertising and law. The special issue stems from a November 2009 conference held at the University at Buffalo Law School. The foreword examines the particular difficulties in characterizing the relationship between advertisers, consumers, and the law. Advertisers promulgate certain symbolic meanings designed to induce consumption. Sometimes these meanings are contested through legal means yet consumers can only participate in advertising's regulatory apparatus indirectly. This results in a dynamic between advertiser and consumer that is difficult to define yet ubiquitous …


Love Thy Neighbor: The Tampere Convention As Global Legislation, Allison Rahrig Jul 2010

Love Thy Neighbor: The Tampere Convention As Global Legislation, Allison Rahrig

Indiana Journal of Global Legal Studies

The Internet, 24-hour news sources, and a host of other telecommunications advances have allowed global citizens to become instantaneously informed. With the privilege of real-time updates and acute awareness of the world's events comes the responsibility of being more than a passive observer. Specifically, this Note focuses on the technological improvements in communication during natural disasters-improvements that can be used to assist and aid the victims of catastrophes. In the aftermath of a natural disaster, the country affected is rarely able to provide for its citizens; tsunamis, hurricanes, tornadoes, and earthquakes can (and often do) cripple an entire nation. This …


Consumer Counter-Advertising Law And Corporate Social Responsibility, Alberto R. Salazar V. Jul 2010

Consumer Counter-Advertising Law And Corporate Social Responsibility, Alberto R. Salazar V.

Buffalo Law Review

No abstract provided.


Attention Must Be Paid: Commercial Speech, User-Generated Ads, And The Challenge Of Regulation, Rebecca Tushnet Jul 2010

Attention Must Be Paid: Commercial Speech, User-Generated Ads, And The Challenge Of Regulation, Rebecca Tushnet

Buffalo Law Review

No abstract provided.


Advertising And Social Identity, Mark Bartholomew Jul 2010

Advertising And Social Identity, Mark Bartholomew

Buffalo Law Review

This essay takes a stand in the brewing legal academic debate over the consequences of advertising. On one side are the semiotic democratists, scholars who bemoan the ability of advertisers to take control of the meanings that they create through trademark law and other pro-business legal rules. On the other side are those who are more sanguine about the ability of consumers to rework advertising messages and point to several safety valves for free expression existing in the current advertising regulation regime. My take on this debate is that the participants have failed to address the impact of advertising on …


Stealth Marketing And Antibranding: The Love That Dare Not Speak Its Name, Sonia K. Katyal Jul 2010

Stealth Marketing And Antibranding: The Love That Dare Not Speak Its Name, Sonia K. Katyal

Buffalo Law Review

No abstract provided.