Communications Law Commons^™

The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron

Articles

No abstract provided.

Online Abuse, Chilling Effects, And Human Rights, Jonathon W. Penney

Articles & Book Chapters

Online harassment, cyberbullying, hate, and other forms of online abuse pose a significant threat to human rights in Canada. Now, the country is at a crossroads: it will face American pressure to adopt a broad immunity model similar to Section 230 of the Communications Decency Act (CDA) or, at long last, take more robust action to address cyberharassment and other online abuse, beyond the piecemeal approach used today. Central to this regulatory debate are concerns and claims about “chilling effects”—that is, the idea that certain regulatory actions may “chill” or deter people from exercising their rights online and in other …

Fixing America's Founding, Maeve Glass

Faculty Scholarship

The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …

Do We Need A New Conception Of Authorship?, Shyamkrishna Balganesh

Faculty Scholarship

Thank you to the organizers for having me. I’m delighted to be here. I’m going to take a step away from conceptual art, and go a little bit into history and a little bit into doctrine – and do the usual law professor thing. We law professors like to say that one of the great things about the job is that we get to overrule the Supreme Court ten thousand times a day, but the bad thing about the job is no one cares. And so, I’m going to try and make this such that you care.

Here’s the core …

The Influencers: Facebook’S Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz

Publications

The theoretical promise of blockchain technology is truly extraordinary: a peer-to-peer distributed immutable ledger that could revolutionize economies, societies, and even our daily lives. But what if blockchain technology is not as decentralized as people think? What are the ramifications if, in reality, a blockchain’s core decisions are actually influenced by small groups of people or corporations?

This short article seeks to answer that question, by demonstrating that decentralized public blockchains are only as immutable as the decentralization of their governance. Moreover, the announcement of Libra, Facebook’s new permissioned blockchain, shows a growing trend of centralized control around decentralized technologies. …

Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan

College of Journalism and Mass Communications: Theses

The Facts:On September 10, 2017, Hurricane Irma made landfall in Florida, and wreaked havoc across the state causing structural damage, flooding, and power outages. Among those effected by the power outage was the Hollywood Hills Rehabilitation Center, a nursing home in Hollywood, Florida. In preparation of the impending storm, the governor of Florida, Rick Scott, held “teleconference calls (Spencer, Kennedy, Licon, & Associated Press, 2018),”with nursing home and hospital officials, as well as emergency managers. During these conference calls, Scott gave top nursing home executives his personal cell phone number and told these executives should they experience any issues, they …

State Net Neutrality, Daniel A. Lyons

Daniel Lyons

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but by policy disagreements …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Abc V. Aereo And The Humble Judge, James Y. Stern

James Y. Stern

No abstract provided.

Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Neal E. Devins

No abstract provided.

Revisiting Barlow's Misplaced Optimism, Benjamin Edelman

Duke Law & Technology Review

No abstract provided.

Imaginary Bottles, Jessica Litman

Duke Law & Technology Review

No abstract provided.

Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen

Duke Law & Technology Review

No abstract provided.

The Past And Future Of The Internet: A Symposium For John Perry Barlow

Duke Law & Technology Review

No abstract provided.

The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto

Duke Law & Technology Review

No abstract provided.

Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh

Upper Level Writing Requirement Research Papers

Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …

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

Andrea Matwyshyn

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 …

Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer

South Carolina Law Review

No abstract provided.

The King Of The Casl: Canada’S Anti-Spam Law Invades The United States, Arthur Shaykevich

Brooklyn Law Review

U.S. businesses periodically adjust their marketing practices to foreign law innovations. Several years ago, U.S. businesses emailing into Canada had to incorporate Canada’s Anti-Spam Law, otherwise known as CASL. Businesses that believed they email only U.S.-based customers likely dismissed CASL as not applicable. Others may never have heard of the law altogether. As this note discusses, CASL created a compliance conundrum for U.S. businesses. Since CASL methodically differs from the U.S. anti-spam law, CAN-SPAM, it may be in a business’s best interest to apply this law to its Canadian subset and not to the entire email population. Neither the law …