Communications Law Commons^™

Resilience: Building Better Users And Fair Trade Practices In Information, Andrea M. Matwyshyn

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

In the discourse on communications and new media policy, the average consumer-the user-is frequently eliminated from the equation. This Article presents an argument rooted in developmental psychology theory regarding the ways that users interact with technology and the resulting implications for data privacy law. Arguing in favor of a user-centric construction of policy and law, the Author introduces the concept of resilience. The concept of resilience has long been discussed in …

The Future Of Digital Communications Research And Policy, Scott Wallsten

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.

Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele

Federal Communications Law Journal

Indecency regulations promulgated by the FCC used to be effective, but today's technological advances call those regulations into question. With the prevalence of digital video recorders and the availability of television shows on the Internet, children have unprecedented access to material broadcast at all times of day. As a result, the "safe harbor" rationale restricting the broadcast of indecent material no longer makes sense. A move toward deregulation is the most logical step to take, as it would prevent any First Amendment violations and would allow the networks freedom to broadcast material that the public may be interested in without …

Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser

Federal Communications Law Journal

Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.

To change the culture and realities of public safety communications, this Article calls on policymakers to develop a new architecture for the use of information and communications technologies and provide a framework for leadership to transition to a next generation system for public safety communications. Such a culture change would include not only an embrace of new technologies, but a new framework for technology leadership--at the state or regional level-that spurs decision making in a coordinated fashion (and not through ad …

No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert

Federal Communications Law Journal

No abstract provided.

Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman

Federal Communications Law Journal

No abstract provided.

Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon

Federal Communications Law Journal

No abstract provided.

Politics And Telecommunications, Larry Pressler

Federal Communications Law Journal

No abstract provided.

Securing The Freedom Of The Communications Revolution, Michael K. Powell

Federal Communications Law Journal

No abstract provided.

Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer

Federal Communications Law Journal

No abstract provided.

Equality In The Information Age, William E. Kennard

Federal Communications Law Journal

Forum: New Approaches to Minority Media Ownership, Columbia Institute for Tele-Information, Columbia University.

To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan

Federal Communications Law Journal

Internet access has become almost commonplace, as has the unfettered exchange of ideas through cyberspace. Several nations, Singapore among them, have attempted to control their citizens’ Internet access in order to preserve and protect a desired national culture. A brief overview of the technological means of Internet censorship reveals a hidden truth: If Singapore truly wishes to become the technological giant of the East, the government will have to sacrifice its desire to control Internet content.

Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow

Federal Communications Law Journal

During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …

The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv

Federal Communications Law Journal

The Telecommunications Act of 1996 purports to ensure every American eventual access to advanced telecommunications networks and services, and more immediate access to basic telephone networks and services. This access is essential because it determines the ease with which Americans can acquire an education, obtain employment, control financial affairs, access emergency assistance, and participate in the political process. The interpretation and implementation of the 1996 Act is critical because there is an imminent danger that a large portion of society— in inner cities, near suburbs, and small towns— not be connected to the "national electronic nervous system." To ensure that …

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.

Digital Demons And Lost Lawyers: A Review Of Law In A Digital World By M. Ethan Katsh, Bruce A. Markell

Federal Communications Law Journal

The increase in technology gives rise to an interesting discussion on whether the way lawyers approach the law will change. This question is analyzed with Professor Katsh's premise that the increase in the use of computers and networks will ultimately change the manner in which lawyers accumulate and use information. The Reviewer defends the role of lawyers as being more than just "information providers;" lawyers are guardians of a distinguished service as well. The Reviewer declares that what lawyers do cannot be oversimplified by computers and networks. Nevertheless, the Reviewer emphasizes that Law in a Digital World does provide insight …

A Double-Barrelled Assault: How Technology And Judicial Interpretations Threaten Public Access To Law Enforcement Records, Jamison S. Prime

Federal Communications Law Journal

Recently, an explosion of media coverage has revealed gross misconduct on the part of many police officers in the United States. From Rodney King to Mark Furman, the events have raised grave questions about whether existing checks against police misconduct are effective. Yet, at this crucial period, technological advances and judicial interpretations undermine the ability of the public to access police records. The Author argues that most Freedom of Information (FOI) statutes provide inadequate access to police records in light of technological advances and narrow judicial interpretations of FOI statutes.

Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson

Federal Communications Law Journal

As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.

In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …

Reflections On The Sixtieth Anniversary Of The Communications Act, Ed Turner

Federal Communications Law Journal

No abstract provided.

Microsoft: A Case Study In International Competitiveness, High Technology, And The Future Of Antitrust Law, Amy C. Page

Federal Communications Law Journal

By traditional business standards, Microsoft looked like an ideal target for investigation by the Department of Justice's Antitrust Division: As competitors lined up to allege unfair business practices against Microsoft, about 80 percent of the personal computers in the world used the company's operating system. The Justice Department and Microsoft settled during the summer of 1994, before the case went to trial. This Note argues that by settling, the government acknowledges that traditional antitrust definitions may be counterproductive against companies that are playing the key roles in building the information superhighway. In the high technology industries, where small, innovative companies …