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2014

Communications Law

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Articles 1 - 30 of 73

Full-Text Articles in Law

Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett Dec 2014

Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett

Touro Law Review

No abstract provided.


First Amendment Decisions - 2002 Term, Joel Gora Dec 2014

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup Dec 2014

Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup

Duke Law & Technology Review

The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …


The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos Dec 2014

The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach Dec 2014

The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Volume 23 Masthead Dec 2014

Volume 23 Masthead

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen Dec 2014

The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak Dec 2014

Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

The Telecommunications Act of 1996 aimed to “provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans….” Key to the Federal Communication Commission’s ability to satisfy this deregulatory mandate is Section 10 of the 1996 Act which provides the agency with express legal authority to forbear from enforcing certain portions of the Communications Act. In this paper, we use the agency’s Phoenix Forbearance Order as a template for outlining how the Commission can improve its forbearance analysis. Our analysis focuses on forbearance from the …


Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels Dec 2014

Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano Dec 2014

Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo Dec 2014

The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna Dec 2014

Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford Nov 2014

Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford

Georgia Journal of International & Comparative Law

No abstract provided.


European Unification - Broadcasting Law - Eastern Europe And The "Television Without Frontiers" Directive: Radio Freed Europe - Can Television Unify It?, Christopher B. Scott Oct 2014

European Unification - Broadcasting Law - Eastern Europe And The "Television Without Frontiers" Directive: Radio Freed Europe - Can Television Unify It?, Christopher B. Scott

Georgia Journal of International & Comparative Law

No abstract provided.


Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard Oct 2014

Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard

Georgia Journal of International & Comparative Law

No abstract provided.


Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson Oct 2014

Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson

University of Michigan Journal of Law Reform Caveat

"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …


Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders Sep 2014

Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders

Georgia Journal of International & Comparative Law

No abstract provided.


Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell Sep 2014

Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell

Georgia Journal of International & Comparative Law

No abstract provided.


Media Ownership Regulations: A Comparative Perspective, Enrique Armijo Sep 2014

Media Ownership Regulations: A Comparative Perspective, Enrique Armijo

Georgia Journal of International & Comparative Law

No abstract provided.


Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, Lawrence J. Spiwak Esq., George S. Ford Phd Aug 2014

Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, Lawrence J. Spiwak Esq., George S. Ford Phd

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

Market definition is an essential ingredient to competitive and regulatory analysis. Yet, there is significant disparity regarding the definition of the relevant geographic market for high-capacity circuits, commonly referred to as Special Access services. Given the present debate over expanding price regulation in this sector, the importance of market definition on the expected economic effects of regulation is worth evaluating. In this article, we demonstrate that if geographic markets are “location specific” and supplied by a monopolist as the proponents of regulation claim, then price regulation reduces economic welfare in all instances. That is, even with monopoly supply, regulation offers …


Selected Docket And Legislative Summaries, 2014 Aug 2014

Selected Docket And Legislative Summaries, 2014

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson Aug 2014

Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna Aug 2014

Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner Aug 2014

Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Restoring Foia's Reach To The National Security Council, Andrew Yingling Aug 2014

Restoring Foia's Reach To The National Security Council, Andrew Yingling

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick Mcleod Aug 2014

Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick Mcleod

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel Aug 2014

Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman Aug 2014

Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman

Utah Law Review

This Article follows Aristotle’s guidance that “[i]f you would understand anything, observe its beginning and its development.” That is precisely how the discussion in this Article begins in Part I, through observation of the beginning and development of the Supreme Court’s jurisprudence on the constitutional limitations imposed upon defamation actions under the First Amendment to the United States Constitution. Part II of the Article then briefly sets forth the constitutional framework that the Supreme Court imposed in 1974 on defamation actions in Gertz v. Robert Welch, Inc. The Article then addresses in Part III how the pressures of the First …


Aggregating Defendants, Greg Reilly Jul 2014

Aggregating Defendants, Greg Reilly

Florida State University Law Review

No procedural topic has garnered more attention in the past fifty years than the class action and aggregation of plaintiffs. Yet, almost nothing has been written about aggregating defendants. This topic is of increasing importance. Recent efforts by patent “trolls” and Bit-Torrent copyright plaintiffs to aggregate unrelated defendants for similar but independent acts of infringement have provoked strong opposition from defendants, courts, and even Congress. The visceral resistance to defendant aggregation is puzzling. The aggregation of similarly situated plaintiffs is seen as creating benefits for both plaintiffs and the judicial system. The benefits that justify plaintiff aggregation also seem to …


The Evolving Landscape Of Tcpa Consent Standards And Ways To Minimize Risk, Misa K. Bretschneider Jul 2014

The Evolving Landscape Of Tcpa Consent Standards And Ways To Minimize Risk, Misa K. Bretschneider

Washington Journal of Law, Technology & Arts

Given the exponential growth in mobile phone usage, more businesses are adopting mobile communication strategies to engage with existing and potential customers. With 97% of all mobile marketing text messages being opened by their intended recipients, mobile text message marketing is both effective and lucrative. However, businesses must ensure that such messages comply with the Telephone Consumer Protection Act (TCPA), which generally prohibits sending unsolicited commercial text messages. Indeed, TCPA litigation has become the recent darling of class action lawyers due to uncapped statutory damages and is sure to increase with the heightened consent regulations promulgated by the Federal Communications …