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Articles 1 - 30 of 3134

Full-Text Articles in Communications Law

The Indecency Of The Communications Decency Act § 230: Unjust Immunity For Monstrous Social Media Platforms, Natalie Annette Pagano Apr 2019

The Indecency Of The Communications Decency Act § 230: Unjust Immunity For Monstrous Social Media Platforms, Natalie Annette Pagano

Pace Law Review

The line between First Amendment protection and the innovation of social media platforms is hazy at best. Not only do these platforms increasingly encompass the lives of many individuals, but they provide incredible new opportunities to interact from near and far, through sharing photographs, videos, and memories. The Internet provides countless outlets that are available at the tip of users’ fingers: thriving forums to communicate nearly whenever and wherever desired. Users effortlessly interact on these platforms and are consistently exposed to numerous forms of speech, including messages through posts, chat room discussions, videos, polls, and shared statements. From 2010 to ...


Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons Apr 2019

Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons

Daniel Lyons

No abstract provided.


To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons Apr 2019

To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons

Daniel Lyons

No abstract provided.


The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons Apr 2019

The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Revisiting Net Neutrality, Daniel A. Lyons Apr 2019

Revisiting Net Neutrality, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig Apr 2019

Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig

Duke Law & Technology Review

As communication increasingly shifts to digital platforms, information derived from online open sources is starting to become critical in creating an evidentiary basis for international crimes. While journalists have led the development of many newly emerging open source investigation methodologies, courts have heightened the requirements for verifying and preserving a chain of custody—information linking all of the individuals who possessed the content and indicating the duration of their custody—creating a need for standards that are just now beginning to be identified, articulated, and accepted by the international legal community. In this article, we discuss the impact of internet-based ...


The Airwaves Meet The Highways, David Redl Apr 2019

The Airwaves Meet The Highways, David Redl

Journal of Law and Mobility

I applaud and congratulate the University of Michigan for launching the Journal of Law and Mobility. The timing is perfect. The information superhighway is no longer just a clever metaphor. We are living in an era where internet connectivity is a critical part of making transportation safer and more convenient. Internet connectivity has powered the U.S. and global economies for years now. In the early stages, dial-up connections enabled users to access a vast store of digital information. As the internet and its usage grew, so did the demand for faster broadband speeds. Finally, wireless networks untethered the power ...


Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker Mar 2019

Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker

Student Research and Creative Activity Fair

An important issue in modern communication law and policy is the emergence of harassment via the Internet and social media. One form of such harassment is revenge pornography, the sharing of sexual images or videos without the consent of the individual depicted, usually at the hands of an ex-lover. In punishing the posters and purveyors of revenge pornography, perpetrators are often convicted of unrelated crimes such as identify theft or fraud, furthering the silence of revenge pornography. This new challenge in law raises some serious questions about the intersections of obscenity, privacy and the First Amendment in the effort to ...


New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge Feb 2019

New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge

Space Traffic Management Conference

The recent Space Policy Directive-3, issued on June 18th, 2018, commands several sectors of the federal executive apparatus to reassess their current and future efforts to address space traffic management and space situational awareness issues. The reasons for this Directive can be boiled down to the belief that the continued use of the orbital realm depends on responsible management, which in turn depends on myriad factors that include the development of new technologies, the refinement of data gathering, and the clarification of governmental operational roles. In particular, the Directive calls for enhanced standardization of safety and best practices, and ...


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump, Lauren Beausoleil Feb 2019

Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump, Lauren Beausoleil

Boston College Law Review

On May 23, 2018, in Knight First Amendment Institute at Columbia University v. Trump, the United States District Court for the Southern District of New York considered whether the President of the United States violated the First Amendment rights of individuals by blocking them on Twitter. In doing so, the district court agreed with the plaintiffs’ allegations that blocking constituted impermissible viewpoint discrimination in the context of a public forum. Despite the long history of the public forum doctrine, the information age has presented new questions regarding the doctrine, and Knight First Amendment Institute marks the first instance in which ...


Categorizing Wayne's World: The Public Forum Doctrine And Public Access Channels, Michael Molstad Feb 2019

Categorizing Wayne's World: The Public Forum Doctrine And Public Access Channels, Michael Molstad

Boston College Law Review

On February 9, 2018, the United States Court of Appeals for the Second Circuit held, in Halleck v. Manhattan Community Access Corp., that a public access channel administered by the Manhattan Community Access Corporation and three of its employees was a public forum. In doing so, the court determined that a complaint against Manhattan Community Access Corporation and those three employees sufficiently alleged state action. The legal status of public access channels has been unsettled since 1996, when the Supreme Court explicitly chose not to decide whether public access channels were public forums in Denver Area Educational Telecommunications Consortium v ...


Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons Jan 2019

Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons

Daniel Lyons

Universal service has long been an integral component of American telecommunications policy. As more activities move online, it becomes increasingly important to narrow the digital divide by helping low-income Americans get online and by extending broadband networks into unserved areas.

Unfortunately, the Federal Communications Commission’s reforms are unlikely to help solve this problem. The Commission is repurposing an $8 billion telephone subsidy program to focus instead on broadband networks. But when pressed, the agency admits that it has no proof that the program meaningfully affected telephone adoption rates, and it offers little evidence that it will fare any better ...


When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman Jan 2019

When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman

Pepperdine Law Review

In the electronic age, the internet—and—social media specifically, can be a tool for good but, abused and unchecked, can lead to great harm. Terrorist organizations utilize social media as a means of recruiting and training new members, urging them to action, and creating public terror. These platforms serve as the catalyst for equipping the growing number of “lone wolf” attackers taking action across the United States. Under civil liability provisions created under JASTA and the ATA, material supporters of terrorism can be held liable for their actions, and with the key role social media sites now play in ...


Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick Jan 2019

Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick

Faculty Scholarship at Penn Law

Across the Internet, mistaken and malicious routing announcements impose significant costs on users and network operators. To make routing announcements more reliable and secure, Internet coordination bodies have encouraged network operators to adopt the Resource Public Key Infrastructure (“RPKI”) framework. Despite this encouragement, RPKI’s adoption rates are low, especially in North America.

This report presents the results of a year-long investigation into the hypothesis—widespread within the network operator community—that legal issues pose barriers to RPKI adoption and are one cause of the disparities between North America and other regions of the world. On the basis of interviews ...


Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2019

Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons Jan 2019

Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons

Boston College Law School Faculty Papers

Universal service has long been an integral component of American telecommunications policy. As more activities move online, it becomes increasingly important to narrow the digital divide by helping low-income Americans get online and by extending broadband networks into unserved areas.

Unfortunately, the Federal Communications Commission’s reforms are unlikely to help solve this problem. The Commission is repurposing an $8 billion telephone subsidy program to focus instead on broadband networks. But when pressed, the agency admits that it has no proof that the program meaningfully affected telephone adoption rates, and it offers little evidence that it will fare any better ...


Lost In A Novelty Mug: U.S. Telecom, The Fcc, And Policy Resolution For Net Neutrality, Christopher Terry, Scott Memmel, Ashley Turacek Jan 2019

Lost In A Novelty Mug: U.S. Telecom, The Fcc, And Policy Resolution For Net Neutrality, Christopher Terry, Scott Memmel, Ashley Turacek

Hastings Communications and Entertainment Law Journal

This paper traces the history of net neutrality and the judicial reviews of the Federal Communication Commission’s multiple attempts at regulation, including the agency’s 2006 guidelines overturned in Comcast v. FCC, the 2010 rules overturned in Verizon v. FCC, and the FCC’s reclassification of broadband in its 2015 net neutrality rules, as well as the contemporary battles over the agency’s decision in November of 2017 to repeal the 2015 rules. As the FCC continues to wrestle with net neutrality and open internet regulations, the agency engaged in a series of continuing delays to impede a potential ...


Masthead Jan 2019

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


Mixed Messages: How The Free Press Has A Responsibility To We The People At The Marketplace Of Ideas, Addison O’Donnell Jan 2019

Mixed Messages: How The Free Press Has A Responsibility To We The People At The Marketplace Of Ideas, Addison O’Donnell

Hastings Communications and Entertainment Law Journal

The Free Press makes possible a fair democracy. It exerts influence on our communities and our consciences, principally in the form of reporting facts through its account of events, endorsing certain viewpoints through editorials, and ultimately producing the “first rough draft of history.” How the public responds to the Free Press speaks to the historic and continued expectation that many different voices should present divergent messages and allow the people to decide which message is the truth. Risks taken by the Free Press in the name of truth enable the theory of our Constitution to endure by facilitating the unbridled ...


Youtube, K-Pop, And The Emergence Of Content Copycats, Sam Quach Jan 2019

Youtube, K-Pop, And The Emergence Of Content Copycats, Sam Quach

Hastings Communications and Entertainment Law Journal

YouTube is the internet’s largest and most recognized video streaming platform; the website has millions of daily active users from all over the world and hosts billions of videos. With so much content being hosted on the website, YouTube has developed basic protocol when it comes to copyright issues, including a standardized system for dealing with copyright infringement. But with such a large audience and technology constantly growing and changing, YouTube is constantly faced with new problems. Among content on YouTube, Korean entertainment and pop music (commonly referred to as K-Pop) has quickly become one of the largest markets ...


Harvey Of Hollywood: The Face That Launched A Thousand Stories, Sara Khorasani Jan 2019

Harvey Of Hollywood: The Face That Launched A Thousand Stories, Sara Khorasani

Hastings Communications and Entertainment Law Journal

In the fall of 2017, the world was shaken by allegations of sexual misconduct against one of Hollywood’s high-powered movie moguls. The Harvey Weinstein scandal exposed countless accounts of sexual harassment and abuse, along with the settlement agreements that had kept them covered for decades. Since then, social movements have helped knock Harvey off his Hollywood throne and shed light upon a major concern plaguing the entertainment industry. This paper seeks to address how to effectively change an industry that has long bred a systemic culture of sexual harassment and discrimination. Under the accepted norms of Hollywood, victims of ...


Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants? Jan 2019

Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants?

Marquette Law Review

In today’s marketplace, the way that corporations conduct business is drastically changing, and lawyers are increasingly relying on third-party consultants, such as accountants or investment bankers, to facilitate them in providing accurate legal advice to corporate clients. Despite this reliance, whether the attorney–client privilege protects the communications between an attorney and a third-party consultant is often questioned. In United States v. Kovel, the Second Circuit found that the attorney–client privilege extended to communications between an attorney and a third-party consultant who acted as an interpreter. However, both federal and state courts have since split over the proper ...


The Future Of Freedom Of Expression Online, Evelyn Mary Aswad Dec 2018

The Future Of Freedom Of Expression Online, Evelyn Mary Aswad

Duke Law & Technology Review

Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align ...


Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire Nov 2018

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate ...


Collective Shout's Victory Against Sexpo: A Win For Children's Rights, Caitlin Roper Nov 2018

Collective Shout's Victory Against Sexpo: A Win For Children's Rights, Caitlin Roper

Dignity: A Journal on Sexual Exploitation and Violence

This report is an account of the legal battle between Australian grassroots campaigning movement Collective Shout and Sexpo, the annual sex industry exhibition. Sexpo brought a lawsuit against Collective Shout after their campaign against Sexpo’s promotion of live-streamed porn shows on public buses servicing school routes. In April 2018, Sexpo’s application was dismissed, with Sexpo ordered to pay Collective Shout’s legal costs.


You Can’T Say That!: Public Forum Doctrine And Viewpoint Discrimination In The Social Media Era, Micah Telegen Oct 2018

You Can’T Say That!: Public Forum Doctrine And Viewpoint Discrimination In The Social Media Era, Micah Telegen

University of Michigan Journal of Law Reform

The growing prevalence of privately-owned social media platforms is changing the way Americans and their governments communicate. This shift offers new opportunities, but also requires a reinterpretation of the First Amendment’s proscription of government limitations of speech. The public forum doctrine and its proscription of viewpoint discrimination seem particularly stretched by the digital revolution and the development of social media. In ongoing cases, litigants and courts have invoked the doctrine to limit the government’s ability to ‘block’ those who comment critically on government pages—much to the chagrin of those who note the private status of the companies ...


Forum Selling Abroad, Stefan Bechtold, Jens Frankenreiter, Daniel M. Klerman Sep 2018

Forum Selling Abroad, Stefan Bechtold, Jens Frankenreiter, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Judges decide cases. Do they also try to influence which cases they decide? Clearly plaintiffs “shop” for the most attractive forum, but do judges try to attract cases by “selling” their courts? Some American judges actively try to enlarge their influence by making their courts attractive to plaintiffs, a phenomenon known as “forum sell-ing.” This article shows that forum selling occurs outside the U.S. as well, focusing on Germany, a country that is often held up as the paragon of the civil law approach to adjudication. As in the U.S., German courts attract cases primarily through the pro-plaintiff ...


The Legacy Of Slavery, Cognitive Shortcuts, And Biased News: The Mass Media’S Vilification Of Black Males And The Resulting “Reasonableness” Of Excessive Force By Law Enforcement, Janyl Relling Smith Sep 2018

The Legacy Of Slavery, Cognitive Shortcuts, And Biased News: The Mass Media’S Vilification Of Black Males And The Resulting “Reasonableness” Of Excessive Force By Law Enforcement, Janyl Relling Smith

University of Miami Race & Social Justice Law Review

No abstract provided.


Fool Me Once: Regulating "Fake News" And Other Online Advertising, Abby Wood, Ann M. Ravel Sep 2018

Fool Me Once: Regulating "Fake News" And Other Online Advertising, Abby Wood, Ann M. Ravel

University of Southern California Legal Studies Working Paper Series

A lack of transparency for online political advertising has long been a problem in American political campaigns. Disinformation attacks that American voters have experienced since the 2016 campaign have made the need for regulatory action more pressing.

Platforms desire self-regulation and have only recently come around to supporting transparency regulations. While government must not regulate the content of political speech, it can, and should, force transparency into the process. We propose several interventions aimed at transparency. Most importantly, campaign finance regulators should require platforms to store and make available ads run on their platforms, as well as the audience at ...