Federal And State Authority For Network Neutrality And Broadband Regulation, 2014 SelectedWorks
Federal And State Authority For Network Neutrality And Broadband Regulation, Tejas N. Narechania
Tejas N. Narechania
For the second time in less than four years, the D.C. Circuit has rebuffed the Federal Communications Commission’s attempt at imposing network neutrality rules on internet traffic. But in so doing, the D.C. Circuit affirmed the FCC’s theory of jurisdiction based on section 706 of the Telecommunications Act of 1996. This ruling has the significant effect of transforming a questionable source of authority into what may become the Commission’s most significant font of regulatory power.
Surprisingly, section 706 seems to give the Commission the power to implement a slightly revised set of network neutrality rules ...
Meaningful Journalism Or "Infotainment"? The Failure To Define The Public Interest In Axel Springer Ag V. Germany, 2014 Boston College Law School
Meaningful Journalism Or "Infotainment"? The Failure To Define The Public Interest In Axel Springer Ag V. Germany, Kathryn Manza
Boston College International and Comparative Law Review
Although American courts provide wide discretion for freedom of the press, the Convention for the Protection of Human Rights and Fundamental Freedoms ensures that the right to privacy enjoys equal footing with freedom of expression in Europe. When navigating the grey areas between these two frequently opposing rights, the European Court of Human Rights allows private information about a public figure to be published only to the extent the information contributes to the public interest. In Axel Springer AG v. Germany, the court missed a valuable opportunity to provide a clear standard for what the public interest encompasses. Although the ...
Cracking The Cable Conundrum: Government Regulation Of A La Carte Models In The Cable Industry, Jade Brewster
No abstract provided.
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark A. Conrad
Mark A. Conrad
The use of images with the recognizable features of former NCAA student-athletes by a digital video firm has resulted in two highly publicized lawsuits by former college players claiming violations of their right of publicity. Thus far, two federal appeals courts – the Third Circuit in Hart v. Electronic Arts and the Ninth Circuit in Keller v. Electronic Arts -- have refused to dismiss their claims, concluding that the use of the player images constitute a valid cause of action. While their actions have garnered sympathy among the public and many scholars, it is the author’s contention that both lawsuits – along ...
The Search For A Limited Search: The First Circuit Denies The Search Of Cell Phones Incident To Arrest In United States V. Wurie, 2014 Boston College Law School
The Search For A Limited Search: The First Circuit Denies The Search Of Cell Phones Incident To Arrest In United States V. Wurie, Evan O'Connor
Boston College Law Review
On May 17, 2013, the U.S. Court of Appeals for the First Circuit in United States v. Wurie held that the warrantless search of a cell phone was not justified by the search-incident-to-arrest exception to the Fourth Amendment and was thus an illegal search. In doing so, the court declined to agree with other federal appeals court solutions regarding this issue; most notably, the Fifth Circuit’s 2007 decision in United States v. Finley and the Seventh Circuit’s 2012 decision in United States v. Flores-Lopez. This Comment argues that the approaches taken by courts on both sides of ...
The Eye Of The Beholder: Participation And Impact In Telecommunications (De)Regulation, Dorit R. Reiss
Dorit R. Reiss
The California Public Utilities Commission addressed both pricing deregulation and universal service in telecommunications during the last decade. Both decisions had a similar cast of characters, and similarly elaborate processes. In relation to price deregulation, the utilities positions were accepted on every issue addressed; in relation to universal service, consumer organizations’ positions were accepted in about 60% of the issues. This article tells the story of how those decisions were made, and examines the reasons for the difference in impact. The article examines and reject an explanation of capture; accepts in part a focus on the influence of the commissioner ...
Abusing The Computer Fraud And Abuse Act: Why Broad Interpretations Of The Cfaa Fail, 2014 Hamline University's School of Law
Abusing The Computer Fraud And Abuse Act: Why Broad Interpretations Of The Cfaa Fail, Samantha Jensen
Hamline Law Review
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.”
Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...
Emerging Technologies And Dwindling Speech, 2014 Charleston School of Law
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Jorge R Roig
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context ...
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, 2014 Maurer School of Law: Indiana University
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, Jay P. Kesan, Carol M. Hayes
Indiana Law Journal
No abstract provided.
One Journalist, Two Roles: What Happens When Journalists Also Work As Media Coordinators?, Jonathan Peters
Individuals interacting with society possess multiple roles, and yet the study of journalistic role conceptions, based on the assumption that role conceptions influence journalistic outputs, has not addressed the idea that journalists possess multiple roles inside and outside the field. A peculiar arrangement in Missouri is the appointment of journalists to serve as media coordinators for the courts. Using a symbolic interactionism framework, we explore how media coordinators experience this duality of roles.
Data Sovereignty And The Cloud A Board And Executive Officer’S Guide, David Vaile, Kevin Kalinich, Patrick Fair, Adrian Lawrence
University of New South Wales Faculty of Law Research Series 2013
With NextDC support, this was the first comprehensive comparison and analysis of the legal, technical and risk governance issues arising from the increasing use of 'Cloud' based data hosting, using criteria relevant to governance level decision making and risk management.
This research and policy report examines the technology of the cloud, insurance risk issues around "data sovereignty", approaches to assess and minimise this risk, comparisons of legal means of accessing data held by Australian companies under local and US jurisdiction (where many cloud services originated), and options for including these issues in existing organisational data risk analysis and management processes ...
Restoring Limits On The Fcc's Ancillary Authority, 2013 Boston College Law School
Restoring Limits On The Fcc's Ancillary Authority, Daniel A. Lyons
Boston College Law School Faculty Papers
No abstract provided.
Privacy And Cloud Computing In Public Schools, 2013 Fordham Law School
Privacy And Cloud Computing In Public Schools, Joel Reidenberg, N. Cameron Russell, Jordan Kovnot, Thomas B. Norton, Ryan Cloutier, Daniela Alvarado
Center on Law and Information Policy
Today, data driven decision-making is at the center of educational policy debates in the United States. School districts are increasingly turning to rapidly evolving technologies and cloud computing to satisfy their educational objectives and take advantage of new opportunities for cost savings, flexibility, and always-available service among others. As public schools in the United States rapidly adopt cloud-computing services, and consequently transfer increasing quantities of student information to third-party providers, privacy issues become more salient and contentious. The protection of student privacy in the context of cloud computing is generally unknown both to the public and to policy-makers. This study ...
Right-Sizing Spectrum Auction Licenses: The Case For Smaller Geographic License Areas In The Tv Broadcast Incentive Auction, William H. Lehr Phd, J. Armand Musey Cfa
J. Armand Musey, CFA
The wireless sector is a key contributor to economic activity and growth. Over the next several years, wireless service providers are expected to invest $25 to $53 billion upgrading and expanding their networks to deploy 4G mobile broadband across the nation. All told, wireless broadband investment and the services and innovation supported by such investment are expected to add between $259 and $355 billion to US GDP each year through 2017.
The Federal Communications Commission ("Commission" or "FCC") is currently designing the largest ever auction of terrestrial wireless spectrum, currently planned for late 2014 (the "Incentive Auction"). The purpose is ...
Mania: The Lives, Literature, And Law Of The Beats, 2013 Seattle University School of Law
Mania: The Lives, Literature, And Law Of The Beats, Ronald K.L. Collins, David M. Skover
Seattle University Law Review
The Beats introduced the counter-culture to twentieth century America. They were the first to break away from Eisenhower conformity, from the era of the Man in the Grey Flannel Suit. With them came an infusion of rebel spirit—a spirit that hearkened back to Walt Whitman—in their lives, literature, and law. Their literature spawned a remarkable chapter in American obscenity law. The prosecution of Allen Ginsberg’s epic poem, Howl, was the last of its kind in this nation; and the prosecution of William Burroughs’s Naked Lunch is one of the last times that a novel was charged ...
Wireless Networks: Technological Challenges And Policy Implications, 2013 University of Pennsylvania Law School
Wireless Networks: Technological Challenges And Policy Implications, Christopher S. Yoo
Since June 2012, mobile wireless has emerged as the largest and fast growing medium for broadband service. At the same time, mobile wireless networks have proven considerably more difficult to manage than wireline networks. The primary causes are the rapid growth in demand for wireless bandwidth and the greater susceptibility of wireless networks to poor quality of service because of the omnidirectional propagation of wireless signals, bad handoffs, local congestion, and the susceptibility to complex interference patterns caused by multipath propagation. Moreover, the central inference underlying the primary form of congestion management is not valid for wireless networks. As a ...
Control, Vigilancia Y Respuesta Penal En El Ciberespacio, 2013 SelectedWorks
Control, Vigilancia Y Respuesta Penal En El Ciberespacio, Dario Nicolas Rolon
Dario Nicolas Rolon
No abstract provided.
Privacy Issues In The Age Of Social Media M&A, 2013 SelectedWorks
Privacy Issues In The Age Of Social Media M&A, Amy A. Hinkler
Amy A. Hinkler
No abstract provided.
Flawed Transparency: Shared Data Collection And Disclosure Challenges For Google Glass And Similar Technologies, 2013 Touro College Jacob D. Fuchsberg Law Center
Flawed Transparency: Shared Data Collection And Disclosure Challenges For Google Glass And Similar Technologies, Jonathan I. Ezor
Jonathan I. Ezor
Current privacy law and best practices assume that the party collecting the data is able to describe and disclose its practices to those from and about whom the data are collected. With emerging technologies such as Google Glass, the information being collected by the wearer may be automatically shared to one or more third parties whose use may be substantially different from that of the wearer. Often, the wearer may not even know what information is being uploaded, and how it may be used.
This paper will analyze the current state of U.S. law and compliance regarding personal information ...