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United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones 2016 University of Florida Levin College of Law

United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones

Lyrissa Barnett Lidsky

In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is ...


The Law Of Outer Space, Robert E. Clute 2016 University of Georgia

The Law Of Outer Space, Robert E. Clute

Georgia Journal of International & Comparative Law

No abstract provided.


Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard 2016 Boston College Law School

Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard

Boston College Law Review

Surveillance technology has raced ahead of the Fourth Amendment, forcing courts to confront high-tech intrusions with rusty jurisprudence. The Dirtbox, an airborne cell-site simulator, allows the government to sweep entire cities and intercept individuals’ cell phone location information without relying on cooperative intermediaries. This Note argues that the government’s use of the Dirtbox and other cell-site simulators amounts to a Fourth Amendment search because it may pinpoint individuals within a constitutionally protected space. Although the Department of Justice issued policy guidelines requiring its agents to obtain a search warrant before using this device, this narrow and unenforceable protocol fails ...


Smart Law For Smart Cities, Annie Decker 2016 Fordham University School of Law

Smart Law For Smart Cities, Annie Decker

Fordham Urban Law Journal

No abstract provided.


Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo 2016 Elon University School of Law

Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo

Fordham Urban Law Journal

No abstract provided.


Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark McMillan 2016 Fordham University School of Law

Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark Mcmillan

Fordham Urban Law Journal

No abstract provided.


Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Taking The Sting Out Of The Stingray: The Dangers Of Cell-Site Simulator Use And The Role Of The Federal Communications Commission In Protecting Privacy & Security, Jason Norman 2016 The George Washington University Law School

Taking The Sting Out Of The Stingray: The Dangers Of Cell-Site Simulator Use And The Role Of The Federal Communications Commission In Protecting Privacy & Security, Jason Norman

Jason G. Norman

The Stingray is a cellular tower emulator technically known as an IMSI
catcher. This emulation capability allows law enforcement, or anyone with
the technical expertise, to capture cellular data in transit to or from any
cellphone within the Stingray’s broadcast range, entirely without the person’s
knowledge or consent. This note argues that the Federal Communications
Commission should enact regulation under its Title II authority requiring
cellular service providers and device manufacturers to enhance their
encryption protocols pursuant to recommendations established by the
Communications Security, Reliability, and Interoperability committee, which
released its final report in early 2015. Additionally, the ...


A Balancing Act: The Virtue Of A "Light Touch" Regulatory Framework In The 2015 Open Internet Order, Nia Chung Srodoski 2016 University of Minnesota - Twin Cities

A Balancing Act: The Virtue Of A "Light Touch" Regulatory Framework In The 2015 Open Internet Order, Nia Chung Srodoski

Minnesota Journal of Law, Science & Technology

No abstract provided.


The Evolution Of The Intermediate Scrutiny Standard And The Rise Of The Bottleneck "Rule" In The Turner Decisions, Nancy Whitmore 2016 Butler University

The Evolution Of The Intermediate Scrutiny Standard And The Rise Of The Bottleneck "Rule" In The Turner Decisions, Nancy Whitmore

Nancy J. Whitmore

The so-called "bottleneck" standard or monopoly rule was developed by the Supreme Court of the United States in Turner Broadcasting v. FCC (1997) and allowed the Court to uphold legislation that favored the economic and speech interests of the broadcast industry over those of the cable industry. The Court's formation of the bottleneck standard is supported by a set of judicial opinions, including plurality decisions, that have adopted a revisionist reading of the intermediate scrutiny standard enunciated in United States v. O'Brien. This reading has resulted in a splintering of established precedent defining the O'Brien standard and ...


Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore 2016 Butler University

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore

Nancy J. Whitmore

No abstract provided.


Congress, The U.S. Supreme Court And Must-Carry Policy: A Flawed Economic Analysis, Nancy Whitmore 2016 Butler University

Congress, The U.S. Supreme Court And Must-Carry Policy: A Flawed Economic Analysis, Nancy Whitmore

Nancy J. Whitmore

The Cable Television Consumer Protection and Competition Act of 1992, which requires cable operators to carry the signals of local broadcast television stations, was hailed by supporters as a measure that would preserve the economic viability of the local independent broadcaster by unlocking the anticompetitive grip that the local cable company places on access to its system. In upholding the Act in 1997, the United States Supreme Court seemed to ignore the degree to which the cable and broadcast industries have become vertically integrated. In the end, local independent stations became economically viable not because they were guaranteed carriage on ...


Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons 2016 Boston College Law School

Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Astroturf Campaigns: Transparency In Telecom Merger Review, Victoria Peng 2016 University of Michigan Law School

Astroturf Campaigns: Transparency In Telecom Merger Review, Victoria Peng

University of Michigan Journal of Law Reform

Large telecommunications companies looking to merge spend millions of dollars in their lobbying efforts to clear regulatory hurdles and obtain approval for their proposed mergers. Corporations such as AT&T, Comcast, and Time Warner use public participation processes as vehicles to influence regulatory decision-making. In the Federal Communications Commission (FCC) merger review context, the notice- and-comment process and public hearings have become fertile breeding grounds for hidden corporate influence. Corporations spend millions on corporate social responsibility programs and call upon nonprofit organizations that receive their largesse to represent their corporate interests as grassroots interests when the FCC seeks public comment ...


Modularity Theory And Internet Policy, Christopher S. Yoo 2016 University of Pennsylvania Law School

Modularity Theory And Internet Policy, Christopher S. Yoo

Faculty Scholarship

Modularity is often cited as one of the foundations for the Internet’s success. Unfortunately, academic discussions about modularity appearing in the literature on Internet policy are undertheorized. The persistence of nonmodular architectures for some technologies underscores the need for some theoretical basis for determining when modularity is the preferred approach. Even when modularity is desirable, theory must provide some basis for making key design decisions, such as the number of modules, the location of the interfaces between the modules, and the information included in those interfaces.

The literature on innovation indicates that modules should be determined by the nature ...


Net Neutrality: On Mobile Broadband Carriers And The Open Internet, The Commercially Reasonable Network Management Standard, And The Need For Greater Protection Of The Open Internet, Richard A. Starr 2016 University of Maryland Francis King Carey School of Law

Net Neutrality: On Mobile Broadband Carriers And The Open Internet, The Commercially Reasonable Network Management Standard, And The Need For Greater Protection Of The Open Internet, Richard A. Starr

Journal of Business & Technology Law

No abstract provided.


A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir 2016 University of Illinois at Urbana-Champaign

A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir

Indiana Law Journal

Modern society is driven by data. Data storage is practically unlimited with today’s technology, and analytical tools make it easy to find patterns and make predictions in a way that is very useful for private businesses and governments. These uses of digital data can raise considerable privacy issues that are of great concern to consumers. In this Article, we present and analyze the results of an extensive survey that we conducted to explore what people know, what people do, and what people want when it comes to privacy online.

Our survey is the first comprehensive examination of the intersection ...


Innovations In Mobile Broadband Pricing, Daniel A. Lyons 2016 Boston College Law School

Innovations In Mobile Broadband Pricing, Daniel A. Lyons

Boston College Law School Faculty Papers

The FCC’s net neutrality rules sought to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the Commission significantly reduced the amount of innovation possible in the broadband service market. Within limits, broadband providers may offer different plans that vary the quantity of service available to customers, as well as the quality of that service. But they generally cannot vary the service itself: with limited exceptions, broadband providers must offer customers access to all lawful Internet traffic, or none at all. This Article explores the way in which this all-or-nothing homogenization ...


United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones 2016 University of Florida Levin College of Law

United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones

UF Law Faculty Publications

In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is ...


Innovations In Mobile Broadband Pricing, Daniel Lyons 2015 Boston College

Innovations In Mobile Broadband Pricing, Daniel Lyons

Daniel Lyons

The FCC’s net neutrality rules sought to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the Commission significantly reduced the amount of innovation possible in the broadband service market. Within limits, broadband providers may offer different plans that vary the quantity of service available to customers, as well as the quality of that service. But they generally cannot vary the service itself: with limited exceptions, broadband providers must offer customers access to all lawful Internet traffic, or none at all. 

This Article explores the way in which this all-or-nothing homogenization ...


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