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Articles 1 - 27 of 27
Full-Text Articles in Law
Symmetry And (Network) Neutrality, Tejas N. Narechania
Symmetry And (Network) Neutrality, Tejas N. Narechania
Michigan Law Review Online
In this short Essay, I take the opportunity to highlight one further potential asymmetry that may yet emerge from the Supreme Court’s application of Chevron’s many doctrines. Drawing on then-Judge Kavanaugh’s disdissental from the D.C. Circuit’s decision affirming network neutrality rules, I suggest that there is at least one vote on the Supreme Court—and perhaps more—for an asymmetric approach to the major questions doctrine. Moreover, I demonstrate how asymmetry in this context is deeply irrational. As applied to network neutrality, the asymmetry has at least one of two effects. One, it might simply favor one large industry over another, …
Preservation Requests And The Fourth Amendment, Armin Tadayon
Preservation Requests And The Fourth Amendment, Armin Tadayon
Seattle University Law Review
Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …
U.S.-U.K. Executive Agreement: Case Study Of Incidental Collection Of Data Under The Cloud Act, Eddie B. Kim
U.S.-U.K. Executive Agreement: Case Study Of Incidental Collection Of Data Under The Cloud Act, Eddie B. Kim
Washington Journal of Law, Technology & Arts
In March 2018, Congress passed the Clarifying Lawful Overseas Use of Data Act, also known as the CLOUD Act, in order to expedite the process of cross-border data transfers for the purposes of criminal investigations. The U.S. government entered into its first Executive Agreement, the main tool to achieve the goals of the statute, with the United Kingdom in October 2019. While the CLOUD Act requires the U.S. Attorney General to consider whether the foreign government counterpart has a certain level of robust data privacy laws, the relevant laws of the United Kingdom have generally been questioned numerous times for …
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Michigan Telecommunications & Technology Law Review
The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislation shields online service providers from secondary copyright infringement liability in exchange for takedown of infringing content of their users. Yet online payment processors, the backbone of $300 billion in U.S. e-commerce, are completely outside of the DMCA’s protection. This Article uses PayPal, the most popular online payment company in the U.S., to illustrate the growing risk of secondary liability for payment processors. First it looks at jurisprudence that expands secondary copyright liability online, and explains how it might be applied to PayPal. Then it …
Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before, Aaron Jackson
Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before, Aaron Jackson
Oklahoma Journal of Law and Technology
No abstract provided.
Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn
Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn
Michigan Telecommunications & Technology Law Review
The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …
Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione
Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione
Pace Intellectual Property, Sports & Entertainment Law Forum
“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout loss to their …
The Bias Of Neutrality: An Examination Of A Congressman's Motivations On The Issue Of Network Neutrality, Harrison Beau Bryant
The Bias Of Neutrality: An Examination Of A Congressman's Motivations On The Issue Of Network Neutrality, Harrison Beau Bryant
e-Research: A Journal of Undergraduate Work
The United States Congress is an institution that, especially in recent times, is continuously faced with more modern and complex problems. The political dilemma surrounding the issue of network neutrality is a perfect example of a highly complex and technical problem that members of Congress have been forced to think about and act on. Because use of the Internet has now been almost entirely integrated into American society, with nearly 80% of the U.S. population connected in one way or another, the Internet's priority as a subject of legislation has seen a meteoric rise in Congress (data.worldbank.org; opencongress.org). In fact, …
Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert
Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert
The Journal of Business, Entrepreneurship & the Law
The intersecting regulations of agencies, stemming from the duties of the FCC, the FTC, and the DOJ to protect competition and television consumers, have been innovative in permitting two goals. First, allowing companies to pursue these integrations and, second, placing conditions on integrations to prevent potential harms that could come from developing media giants. As the market continues to consolidate, with companies having more access to the ability to distribute through alternative middlemen, and as they have the opportunity to gain popularity through social media networks and word of mouth, the healthy competition seen in the former entertainment industry is …
Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver
Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver
University of Miami International and Comparative Law Review
No abstract provided.
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia
Indiana Law Journal
No abstract provided.
Network Neutrality: Verizon V. Fcc, Anna S. Han
Network Neutrality: Verizon V. Fcc, Anna S. Han
University of Michigan Journal of Law Reform Caveat
The Federal Communications Commission (“FCC”) is once again locking horns with the broadband behemoth, Verizon, over the issue of network neutrality. Although this conflict between the government and corporate giants is far from new, recent events have forced courts to give it close scrutiny. Given the explosive pace at which technology has expanded and permeated citizens’ daily lives, the judgments rendered have greater significance now than ever before.
Argh, Matey! The Faux-Pas Of The Sopa (Stop Online Piracy Act), Anna S. Han
Argh, Matey! The Faux-Pas Of The Sopa (Stop Online Piracy Act), Anna S. Han
University of Michigan Journal of Law Reform Caveat
Earlier, I posted about a network neutrality case, Verizon v. FCC, which could have far-reaching consequences for the Internet industry. Another concerted attempt to regulate the Internet, disguised in the form of a piracy protection bill, recently came before the House Judiciary Committee and garnered widespread disapproval. Representative Lamar Smith (R-TX) and a bipartisan group of twelve co-sponsors introduced the “Stop Online Piracy Act” (“SOPA”) on October 26, 2011, which punishes websites that are accused of facilitating copyright infringement. Although touted by its supporters as a weapon against foreign sites that steal and sell American inventions, SOPA is problematic because …
A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor
A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor
West Virginia Law Review
No abstract provided.
Interactive Computer Service Liability For User-Generated Content After Roommates.Com, Bradley M. Smyer
Interactive Computer Service Liability For User-Generated Content After Roommates.Com, Bradley M. Smyer
University of Michigan Journal of Law Reform
This Note explores the future of interactive computer service provider (ICSP) liability for user-generated content under the Communications Decency Act (CDA) after Roommates.com II. Roommates.com II held that a housing website was not entitled to immunity under § 230 of the CDA from federal Fair Housing Act claims, in part because providing preselected answers to a mandatory questionnaire rendered the site an "information content provider" at least partially responsible for creation or development of answers. After examining the historical and legislative origins of ICSP immunity for user-generated content under 47 U.S. C. § 230, this Note argues that courts …
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble
Michigan Telecommunications & Technology Law Review
The Federal Communications Commission (FCC) recently proposed an Internet nondiscrimination rule: "Subject to reasonable network management, a provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner." Among other requests, the FCC sought comment on whether the proposed nondiscrimination rule would "promote free speech, civic participation, and democratic engagement," and whether it would "impose any burdens on access providers' speech that would be cognizable for purposes of the First Amendment." The purpose of this Article is to suggest that a wide range of responses to these First Amendment questions, offered by telecommunications providers …
Fcc Jurisdiction Over Isps In Protocol-Specific Bandwidth Throttling, Andrew Gioia
Fcc Jurisdiction Over Isps In Protocol-Specific Bandwidth Throttling, Andrew Gioia
Michigan Telecommunications & Technology Law Review
Over the past decade, the Internet has matured from its dial-up infancy into the nation's dominant communications infrastructure. Such rapid growth and accessibility--while fostering free speech and innovation like nothing before--has nonetheless created complex regulatory and policy questions for both the Federal Communications Commission (FCC) and the cable companies providing the nation's broadband Internet access. For instance, Comcast, one such Internet provider, has recently brought to the fore the question of how, and to what extent, the FCC can ensure an open and accessible Internet through the company's recent actions in selectively targeting and interfering with the connections of certain …
Landlords Needed, Tolerance Preferred: A Clash Of Fairness And Freedom In Fair Housing Council V. Roommates.Com, Adam Weintraub
Landlords Needed, Tolerance Preferred: A Clash Of Fairness And Freedom In Fair Housing Council V. Roommates.Com, Adam Weintraub
Villanova Law Review
No abstract provided.
Licensed Anarchy: Anything Goes On The Internet - Revisiting The Boundaries Of Section 230 Protection, Thomas D. Huycke
Licensed Anarchy: Anything Goes On The Internet - Revisiting The Boundaries Of Section 230 Protection, Thomas D. Huycke
West Virginia Law Review
No abstract provided.
Xiaoning V. Yahoo! Inc.'S Invocation Of The Alien Tort Statute: An Important Issue But An Improper Vehicle, Denae Thomas
Xiaoning V. Yahoo! Inc.'S Invocation Of The Alien Tort Statute: An Important Issue But An Improper Vehicle, Denae Thomas
Vanderbilt Journal of Entertainment & Technology Law
U.S.-based Internet service providers (ISPs) are faced with a dilemma when operating in countries with restrictive Internet speech laws: should they comply with these governments' demands for personally identifying information of Internet dissidents or respect their own country's dedication to free speech and refuse to comply? On behalf of Chinese dissidents who were imprisoned for violating Chinese speech laws, human rights advocates have invoked the Alien Tort Statute (ATS) in an attempt to hold ISPs accountable for their acquiescence with the Chinese government's demands. This Note examines one such case, Xiaoning v. Yahoo! Inc., and ultimately concludes that, while the …
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
Michigan Telecommunications & Technology Law Review
If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …
Corporate Cybersmear: Employers File John Doe Defamation Lawsuits Seeking The Identity Of Anonymous Employee Internet Posters, Margo E. K. Reder, Christine Neylon O'Brien
Corporate Cybersmear: Employers File John Doe Defamation Lawsuits Seeking The Identity Of Anonymous Employee Internet Posters, Margo E. K. Reder, Christine Neylon O'Brien
Michigan Telecommunications & Technology Law Review
Communications systems are now wide open and fully accessible, with no limits in range, scope or geography. Targeted audiences are accessible with pinpoint accuracy. Messages reach millions of readers with one click. There is a chat room for everyone. Most importantly, there is no limit on content. Therefore, employees can register their dissatisfaction by posting a message in a chat room. Moreover, the identity of the posting employee is not easily discoverable due to anonymous and pseudonymous communications capabilities. The nature of these online messages is qualitatively different from real-world communications. By way of example, newspapers have a responsibility regarding …
Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr
Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr
Michigan Telecommunications & Technology Law Review
"Carnivore" entered the online world's collective consciousness in June 2000 when the Federal Bureau of Investigation unveiled the Internet surveillance software program to telecommunications industry specialists. The FBI claims the program allows agents to scan the traffic of an Internet Service Provider (ISP) for messages or commands to or from a criminal suspect and then intercept only those messages, capturing copies of e-mails, web site downloads and other file transfers[...] A central issue in the controversy surrounding Carnivore is whether current law permits the FBI to employ the program in the Internet context. Bureau officials claim statutory authority for deployments …
Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku
Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku
Vanderbilt Journal of Entertainment & Technology Law
This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Michigan Telecommunications & Technology Law Review
Though the rapid development of the Internet has created a fertile ground for legal innovation, more often than not legislators and courts have sought to address this relatively new medium by attempting to squeeze it into precedents and paradigms better suited to older forms of communication, technology, and media. Part I of this article looks back at the courts' initial efforts at addressing defamation via the Internet. From the start the courts attempted to fit the role of the ISP into the common law's categorizing of print media as either "publishers" or "distributors" of information. One court's misstep in overextending …
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Richmond Journal of Law & Technology
Electronic mail ("e-mail") has taken its place as an integral part of communication in modern society. Unlike other forms of communication, e-mail can cheaply and efficiently be placed in a public domain for literally the world to see. These public areas, otherwise known as bulletin boards, have expanded society's ability to communicate over vast distances. Individuals or groups can also engage in mass communication, which involves a myriad of topics and concerns. Nevertheless, such electronic communications, as almost any other form of communication, can become volatile and create animosity among users. Hence, many of the remarks made in such exchanges …
Electronic Commerce And Non-Resident Aliens: The Internal Revenue Service Versus International Cyberspace Transactions, Jonathane M. Ricci
Electronic Commerce And Non-Resident Aliens: The Internal Revenue Service Versus International Cyberspace Transactions, Jonathane M. Ricci
Richmond Journal of Law & Technology
The year is 1999. Jack Jones has just retired from practicing civil law in the United States and has returned to his home country of Trinidad, just off the coast of South America, where he now resides. Jack has an idea to keep him busy during retirement. He made many contacts in the U.S. legal community and his work is well-respected. So, Jack decided to keep writing for attorneys in the U.S.