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Full-Text Articles in Law
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell
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 …
Derailed By The D.C. Circuit: Getting Network Management Regulation Back On Track, Edward B. Mulligan V
Derailed By The D.C. Circuit: Getting Network Management Regulation Back On Track, Edward B. Mulligan V
Federal Communications Law Journal
As the Internet continues to play a more central role in the daily lives of Americans, concerns about how Internet service providers manage their networks have arisen. Responding to these concerns and recognizing the importance of maintaining the open and competitive nature of the Internet, the FCC has taken incremental steps to regulate network management practices. Perhaps the most significant of these steps was its August 2008 Memorandum Decision and Order in which the FCC condemned Comcast Corporation's network management practices as "discriminatory and arbitrary." In that Order, the FCC required that Comcast (1) adopt new practices that complied with …
Creating Effective Broadband Network Regulation, Daniel L. Brenner
Creating Effective Broadband Network Regulation, Daniel L. Brenner
Federal Communications Law Journal
The Internet is central to the business and pastimes of Americans. Calls for increased regulation are ongoing, inevitable, and often justified. But calls for "network neutrality" or "nondiscrimination" assume with little hesitation federal agency competence to give predictable and accurate meaning to these terms and create regulations to implement them. This Article's chief contribution to Internet policy debate is to focus attention on the likelihood of successful FCC Internet regulation-a key assumption of some advocates.
The Article analyzes three characteristics that hobble the FCC, which is the likeliest federal agency to provide prescriptive rules. First, the record for the agency …
Unlocking The Wireless Safe: Opening Up The Wireless World For Consumers, Adam Clay
Unlocking The Wireless Safe: Opening Up The Wireless World For Consumers, Adam Clay
Federal Communications Law Journal
Facing resistance to the use of its Voice-over-Internet Protocol application on mobile phones, in February 2007, Skype Communications filed a petition with the FCC asking for application of the Carterfone standards to the wireless phone industry. This Note discusses Carterfone and the merits of Skype's petition in light of the recent auction of the C Block, which carries open network requirements, and developments in wireless technology. This Note argues that the FCC should require carriers to provide technical standards for access to their networks, whereby individuals will be able to connect any approved device and application of their choosing.
Interconnection Policy And Technological Progress, Gerald W. Brock
Interconnection Policy And Technological Progress, Gerald W. Brock
Federal Communications Law Journal
No abstract provided.
Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird
Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird
Federal Communications Law Journal
No abstract provided.
The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon
The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon
Federal Communications Law Journal
This Comment argues that IP telephony, like handbills and traditional print media, deserves First Amendment protection against FCC regulatory authority. After briefly reviewing the IP telephony phenomenon within the larger context of "digital convergence," the Comment examines the FCC and Supreme Court’s technologically driven First Amendment jurisprudence—particularly, the First Amendment’s conspicuous absence from the IP telephony dialogue, and, correspondingly, the prominence of assurances of regulatory forbearance in Congress, the courts, and the FCC. In response, the Author offers First Amendment content-based and content-neutral arguments against the proposed telephony regulations. At the very least, the affordability and innovation IP telephony offers …
Dogma In Cyberspace, Phillip V. Permut
Dogma In Cyberspace, Phillip V. Permut
Federal Communications Law Journal
Book Review: Law and Disorder in Cyberspace: Abolish the FCC and Let Common Law Rule the Telecosm, by Peter Huber, Oxford University Press, 1997, 265 pages.
Welcoming Remarks And Statement Of The Issues, Fred H. Cate
Welcoming Remarks And Statement Of The Issues, Fred H. Cate
Federal Communications Law Journal
The creation, manipulation, transmission, storage, and use of information constitute the United States' and the world's largest economic sector, affecting almost every aspect of business, education, government, and entertainment. The convener of From Conduit to Content: The Emergence of Information Policy and Law introduces The Annenberg Washington Program forum by noting the proliferation of information technologies and services, the diversity of industries and interests affected, and the number of government entities with jurisdiction, that contribute to both the complexity and the importance of information policy making.
From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington …