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The Shaky Ground Of The Right To Be Delisted, Miquel Peguera 2015 Universitat Oberta de Catalunya

The Shaky Ground Of The Right To Be Delisted, Miquel Peguera

Miquel Peguera

It has long been discussed whether individuals should have a “right to be forgotten” online to suppress old information that could seriously interfere with their privacy and data protection rights. In the landmark case of Google Spain v AEPD, the Court of Justice of the European Union addressed the particular question of whether, under EU Data Protection Law, individuals have a right to have links delisted from the list of search results, in searches made on the basis of their name. It found that they do have this right – which can be best described as a “right to be delisted ...


The Doctrinal Toll Of "Information As Speech", Kyle Langvardt 2015 University of Detroit Mercy School of Law

The Doctrinal Toll Of "Information As Speech", Kyle Langvardt

Kyle Langvardt

The courts over the past two decades have reached a near-consensus that computer code, along with virtually every flow of data on the Internet, is “speech” for First Amendment purposes. Today, newer information technologies such as 3D printing, synthetic biology, and digital currencies promise to remake whole other spheres of non-expressive economic activity in the Internet's image. The rush to claim First Amendment protections for these non-expressive but code-dependent technologies has already begun with a lawsuit claiming First Amendment privileges for the Internet distribution of 3D-printable guns. Many similar suits will surely follow, all pursuing the common dream of ...


The Evolution Of Internet Service Providers From Partners To Adversaries: Tracking Shifts In Interconnection Goals And Strategies In The Internet’S Fifth Generation, Rob Frieden 2015 Penn State University

The Evolution Of Internet Service Providers From Partners To Adversaries: Tracking Shifts In Interconnection Goals And Strategies In The Internet’S Fifth Generation, Rob Frieden

Rob Frieden

At the Internet’s inception, carriers providing the bit switching and transmission function largely embraced expanding connections and users as a primary service goal. These ventures refrained from metering traffic and charging for carriage based on the assumption that traffic volumes roughly matched, or that traffic measurement was not worth the bother in light of external funding from government grants. Most Internet Service Providers (“ISPs”) bartered network access through a process known as peering in lieu of metering traffic and billing for network use.

As governments removed subsidies and commercial carriers invested substantial funds to build larger and faster networks ...


Déjà Vu All Over Again: Questions And A Few Suggestions On How The Fcc Can Lawfully Regulate Internet Access, Rob Frieden 2015 Penn State University

Déjà Vu All Over Again: Questions And A Few Suggestions On How The Fcc Can Lawfully Regulate Internet Access, Rob Frieden

Rob Frieden

This paper will examine the FCC’s March, 2015 Open Internet Order with an eye to assessing whether and how the Commission can successfully defend its decision in an appellate court. On two prior occasions, the FCC failed to convince a reviewing court that proposed regulatory safeguards do not unlawfully impose common carrier duties on private carriers. The Commission now has opted to reclassify broadband Internet access as common carriage, a decision sure to trigger a third court appeal.

The FCC Open Internet Order offers several, possibly contradictory, justifications for its decision to apply Title II of the Communications Act ...


The Answer To Trial Publicity Is A Better Question, Kevin F. Qualls 2015 Murray State University

The Answer To Trial Publicity Is A Better Question, Kevin F. Qualls

Kevin F Qualls

Free-Press/Fair-Trial contests now happen in a new media age. Judicial remedies such as change-of-venue, sequestration, jury admonitions, and gag orders were fashioned in an era that included broadcast radio and television, an emerging cable television industry, and the traditional print media of newspapers and magazines. That content was, to some degree, geographically bound and temporary. Now those judicial remedies are applied in a new media age that extends the reach of traditional media in time and space while offering interactive capability. The efficacy of these remedies is in question. This paper provides an historical overview of how judicial remedies ...


Toward A New Language Of Legal Drafting, Matthew Roach 2015 Stanford University

Toward A New Language Of Legal Drafting, Matthew Roach

Matthew Roach

Lawyers should write in document markup language just like web developers, digital publishers, scientists, and almost everyone else.


Verizon’S “Certification Process” And Why The Fcc Needs To Take A Stand, P. J. Gretter 2015 Indiana University Maurer School of Law

Verizon’S “Certification Process” And Why The Fcc Needs To Take A Stand, P. J. Gretter

Indiana Law Journal

This Note will give an in-depth review of the legality and policy implications of Verizon’s lengthy certification process. Part I will give a short background of the time leading up to Verizon’s purchase of the C-Block. It will then review the actual rules of the agreement between Verizon and the FCC at the time of the purchase, as well as the pertinent history following the purchase. Part II will analyze whether Verizon’s lengthy certification process violates the C-Block rules or the general spirit of Verizon’s agreement to abide by the rules. Part III will then argue ...


The Evolution Of Internet Service Providers From Partners To Adversaries: Tracking Shifts In Interconnection Goals And Strategies In The Internet’S Fifth Generation, Rob Frieden 2015 Penn State University

The Evolution Of Internet Service Providers From Partners To Adversaries: Tracking Shifts In Interconnection Goals And Strategies In The Internet’S Fifth Generation, Rob Frieden

Rob Frieden

This paper will examine new models for the carriage of Internet traffic with an eye toward providing insights on how the interconnection process has changed and what positive and negative consequences have resulted. Internet Service Provider (“ISP”) interconnection used to constitute a cooperative undertaking, but now it increasingly requires difficult and protracted negotiations between ventures that consider themselves adversaries in a winner take all transaction.

The paper concludes that new commercial arrangements, such as paid peering, can achieve mutually beneficial outcomes. However, the paper also identifies instances where migration from traditional interconnection arrangements can harm consumers by reducing some of ...


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez 2015 Universidad Pontificia de Comillas

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


Legal Xray On The Proposed Electronic Communications Bill In Nigeria, Oluwaseun Viyon Ojo 2015 Lagos State University

Legal Xray On The Proposed Electronic Communications Bill In Nigeria, Oluwaseun Viyon Ojo

Oluwaseun Viyon Ojo

The National Assembly in Nigeria intends to pass the proposed electronic communications bill as brought before it. To start with, the gravamen of the proposed bill is to confer on the Nigerian Communications Commission( the regulatory body in respect of the communications sector) and security agencies the unrestricted powers to intrude into private communications of Nigerians such as telephone calls, email messages and such other electronic exchange of information like short messaging service(SMS) and multimedia applications with a view to enhancing national security, preventing crime and facilitating criminal investigations. It is pertinent to state here that the proposed Electronic ...


Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg 2015 University of Amsterdam

Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg

Michigan Telecommunications and Technology Law Review

This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on ...


Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky 2015 Pace University

Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky

Pace Law Review

This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of ...


Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden 2015 Penn State University

Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden

Rob Frieden

This paper assesses whether and how ISPs can offer quality of service enhancements, at premium prices for full motion video, while still complying with the new rules and regulations established by the Federal Communications Commission (“FCC”) in March, 2015. The paper explains that having made the controversial decision to reclassify all forms of Internet access as a telecommunications service, the FCC increases regulatory uncertainty. In particular, the FCC has failed to identify instances where “retail ISPs,” serving residential broadband subscribers, can offer quality of service enhancements that serve real consumer wants without harming competition and the ability of most content ...


Masthead, 2015 The Catholic University of America, Columbus School of Law

Masthead

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Printing A War In Three Dimensions: Expanding "Article" To Include Electronic Transmissions Before The Itc, Daniel T. Kane 2015 The Catholic University of America, Columbus School of Law

Printing A War In Three Dimensions: Expanding "Article" To Include Electronic Transmissions Before The Itc, Daniel T. Kane

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Going Dark: Scratching The Surface Of Government Surveillance, Abdulmajeed Alhogbani 2015 The Catholic University of America, Columbus School of Law

Going Dark: Scratching The Surface Of Government Surveillance, Abdulmajeed Alhogbani

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Data Roaming Regulation: The Commercially Reasonable Standard And Its Increasing Need For Clarity, Lucas Childers 2015 The Catholic University of America, Columbus School of Law

Data Roaming Regulation: The Commercially Reasonable Standard And Its Increasing Need For Clarity, Lucas Childers

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Selected Docket And Legislative Summaries, 2015 The Catholic University of America, Columbus School of Law

Selected Docket And Legislative Summaries

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Net Neutrality At 10+; National Broadband Plan At 5; Civic Internet Of Things At Birth: Lessons In Government Action In A Changing Landscape, Blair Levin 2015 The Catholic University of America, Columbus School of Law

Net Neutrality At 10+; National Broadband Plan At 5; Civic Internet Of Things At Birth: Lessons In Government Action In A Changing Landscape, Blair Levin

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Lost In Translation: The Case For The Addition Of A Directness Test In Online True Threat Analysis, Megan Chester 2015 The Catholic University of America, Columbus School of Law

Lost In Translation: The Case For The Addition Of A Directness Test In Online True Threat Analysis, Megan Chester

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


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