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Articles 1 - 12 of 12
Full-Text Articles in Law
A Universal Copyright Fund: A New Way To Bridge The Copyright Divide, Kung-Chung Liu, Haochen Sun
A Universal Copyright Fund: A New Way To Bridge The Copyright Divide, Kung-Chung Liu, Haochen Sun
Research Collection Yong Pung How School Of Law
The ever-increasing digitization of works, along with the deployment of technical measures to protect such works and the expansive use of the Internet, further exacerbate the divide between the IP-rich and IP-poor countries in their ability to benefit from such works. It is suggested by this paper that to borrow from experiences on how the telecommunications world provides universal service to each and every household at affordable prices, and to endeavor to shed some new light on how the copyright divide can be narrowed. It is structured in three parts. The first part will examine the past and future failure …
21st Century Pillow-Talk: Applicability Of The Marital Communications Privilege To Electronic Mail, Mikah K. Story
21st Century Pillow-Talk: Applicability Of The Marital Communications Privilege To Electronic Mail, Mikah K. Story
ExpressO
This article is the first to explore whether the marital communications privilege, which protects from disclosure private communications between spouses, should attach to communication sent via Web-based email. Traditionally, the privilege does not attach where a third party learns, either intentionally or inadvertently, the content of an otherwise private communication. In the world of Web-based email, disclosure to a third party is necessary in order for successful communication to occur. Writers of Web-based email draft a message and store it on a third-party Internet Service Provider’s (ISP) server until the recipient reads the message. Even after the email has been …
Unwarranted Fears Mask The Benefits Of Network Diversity: An Argument Against Mandating Network Neutrality, Elvis Stumbergs
Unwarranted Fears Mask The Benefits Of Network Diversity: An Argument Against Mandating Network Neutrality, Elvis Stumbergs
ExpressO
The rapid development of the Internet has necessitated an update to Federal telecommunications laws. Recent Congressional efforts to enact such an update, however, have spawned a fiery debate over a somewhat nebulous concept: network neutrality. The debate concerns the way that Internet access providers handle the data traffic being sent over their networks. These providers would like the option to offer some of their customers, web site hosting companies and similar entities, additional services that would essentially result in these customers’ content loading faster, more reliably, or more securely than others not receiving such priority treatment. Yet, this proposed “diversity” …
What’S The Hang Up? The Future Of Voip Regulation And Taxation In New Hampshire, Kate Winstanley
What’S The Hang Up? The Future Of Voip Regulation And Taxation In New Hampshire, Kate Winstanley
The University of New Hampshire Law Review
Alice in Austria wishes to call her friend Bob in Boston, using a Boston area code to avoid charges for an international call. Using VoIP, Alice may initiate her call from any location in Austria where she may find Internet access. Once Alice connects to the Internet, she can transmit her call with the aid of a VoIP service provider, such as Skype. In order to hear and communicate with Bob, Alice can rely on a microphone and a headset that she can plug into her computer. Through VoIP, not only may Alice carry on a telephone conversation, but most …
The Crtc's Enforcement Of Canada's Broadcast Legislation: 'Concern', 'Serious Concern' And 'Grave Concern', Monica Auer
The Crtc's Enforcement Of Canada's Broadcast Legislation: 'Concern', 'Serious Concern' And 'Grave Concern', Monica Auer
Canadian Journal of Law and Technology
This paper describes results from a quantitative study of the enforcement by the Canadian Radio-television and Telecommunications Commission (CRTC or Commission) over the last several decades of Canada’s broadcasting legislation and its own regulations. Established by Parliament in 1968, the CRTC is a quasi-judicial regulatory agency that administers Canada’s Broad- casting Act, 1991 as well as the nation’s telecommunications legislation. Parliament has accorded the CRTC a broad range of discretionary powers over broadcast licensees, from granting, denying or revoking licences, to issuing mandatory orders. It is one of many federal regulatory agencies that administer and enforce Parliament’s legislation.
Regulatory Status Of Voip In The Post-Brand X World, Jerry Ellig
Regulatory Status Of Voip In The Post-Brand X World, Jerry Ellig
ExpressO
During the past several years, the Federal Communications Commission has engaged in a series of rulemakings to determine the regulatory status of Voice over Internet Protocol (VoIP). The Supreme Court’s Brand X decision clarifies that even if the FCC’s determination conflicts with that of a court, the FCC’s judgment holds sway as long as the decision is reasonable. We believe that VoIP should be classified as an information service, rather than a telecommunications service, for several reasons. First, the Internet Protocol nature of VoIP technology means that it functions like an information service, rather than a telecommunications service. Second, in …
Telecommunication Regulation Of Thailand And Its Commitments Of Progressive Liberalization To Wto, Piyabutr Bunaramrueang
Telecommunication Regulation Of Thailand And Its Commitments Of Progressive Liberalization To Wto, Piyabutr Bunaramrueang
piyabutr bunaramrueang
Domestic regulation of telecommunication services sector is a part of the obligations and specific commitments under the General Agreement of Trade in Services (GATS) of WTO. Reference paper is the instrument that includes a set of the regulatory disciplines resulted from the negotiations, and based on the principles of objective, transparent and non-discriminatory manner. Thailand, as a participant of the negotiations, has undertaken those disciplines with few modifications as additional commitments; however, the modifications are not objective comparing to those of other participants. Nonetheless, it is a possibility that Thailand might undertake the Reference Paper eventually as a whole. To …
Challenges To The Effective Implementation Of Competition Policy In Regulated Sectors: The Case Of Telecommunications In Mexico Symposium On Competition Law And Policy In Developing Countries , Oliver Solano, Rafael Del Villar, Rodrigo Garcia-Verdu
Challenges To The Effective Implementation Of Competition Policy In Regulated Sectors: The Case Of Telecommunications In Mexico Symposium On Competition Law And Policy In Developing Countries , Oliver Solano, Rafael Del Villar, Rodrigo Garcia-Verdu
Northwestern Journal of International Law & Business
This article reviews Mexico's competition law and policy, with particular emphasis on the challenges that the Federal Competition Commission ("CFC") has faced in implementing an effective competition policy. Some of the difficulties analyzed are the loopholes in the current laws, the lack of cooperation between the CFC and other sectoral regulators, and the regulatory arbitrage by market participants. These challenges are then illustrated by the developments in the telecommunications sector. This sector is particularly interesting in the case of Mexico given the overwhelming power of the dominant firm and the overlapping and even conflicting mandates of the different government authorities …
Regulation Of Municipal Wi-Fi, Michael Botein
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Northwestern Journal of International Law & Business
This paper argues that the United States should look to the European Community in order to rework its telecommunications regulatory structure. More specifically, the United States should reconsider its current system of regulating various telecommunications sectors separately and follow the European Commission by developing a "single regulatory framework." By regulating the telecommunications transmission separately from telecommunications content, the United States can better anticipate emerging technologies rather than struggling to catch up with new technologies as they exceed the reach of the current regulatory framework. Part II will discuss the U.S. and European telecommunications regulatory frameworks. Part III will discuss the …
Network Neutrality: Competition, Innovation, And Nondiscriminatory Access, Tim Wu
Network Neutrality: Competition, Innovation, And Nondiscriminatory Access, Tim Wu
Faculty Scholarship
The best proposals for network neutrality rules are simple. They ban abusive behavior like tollboothing and outright blocking and degradation. And they leave open legitimate network services that the Bells and Cable operators want to provide, such as offering cable television services and voice services along with a neutral internet offering. They are in line with a tradition of protecting consumer's rights on networks whose instinct is just this: let customers use the network as they please. No one wants to deny companies the right to charge for their services and charge consumers more if they use more. But what …
A Technological Theory Of The Arms Race, Lee B. Kovarsky
A Technological Theory Of The Arms Race, Lee B. Kovarsky
Lee Kovarsky
Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …