Panelist, Liberty, Property, And International Justice, 2011 Boston College Law School
Panelist, Liberty, Property, And International Justice, Daniel Lyons
Daniel Lyons
No abstract provided.
Podcast: Is Net Neutrality A Virtual Taking?, 2011 Boston College Law School
Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons
Daniel Lyons
No abstract provided.
El "Product Placement" En El Cine, 2011 Selected Works
El "Product Placement" En El Cine, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.
Rodolfo C. Rivas
The authors discuss briefly the history of product placement in film citing several examples. Then, they analyze the current state of regulation and look forward at what lies ahead, as product placement has become ingrained in the entertainment industry.///////////////////////////////////////////////////////////////////////////////////////////////Los autores analizan de una forma breve la historia del emplazamiento de productos o product placement en el cine, utilizando varios ejemplos. Después se adentran en el estado actual de la regulación y miran hacia el futuro de la industria.
Net Neutrality: A Historical Perspective, 2011 Boston College Law School
Net Neutrality: A Historical Perspective, Daniel Lyons
Daniel Lyons
No abstract provided.
Wikileaks, The First Amendment, And The Press, 2011 University of Missouri
Wikileaks, The First Amendment, And The Press, Jonathan Peters
Jonathan Peters
This article focuses on one question: When can the government, consonant with the First Amendment, punish the publication of classified information related to national security? To that end, Part I outlines the constitutional standards that could apply to such a prosecution of WikiLeaks. Part II discusses whether WikiLeaks is part of the press and whether that matters for constitutional purposes. Part III concludes by urging the Justice Department to consider carefully whether it should prosecute WikiLeaks.
Choose Your Words Wisely: Affirmative Representation As A Limit On § 230 Immunity, 2011 University of Washington School of Law
Choose Your Words Wisely: Affirmative Representation As A Limit On § 230 Immunity, Jeffrey R. Doty
Washington Journal of Law, Technology & Arts
Since its enactment in 1996, § 230 of the Communications Decency Act has shielded Web site operators from liability arising out of third-party content. The statute preempts any claim that would treat the defendant as a “publisher” or “speaker” of that content, but recent cases suggest that a defendant’s own statements may constitute an independent source of liability beyond the scope of § 230. In Mazur v. eBay, a federal district court held that § 230 does not bar claims of fraudulent misrepresentation when a defendant has described a third party’s auctioning procedures as “safe.” More recently, the Ninth …
Cloud Computing: Architectural And Policy Implications, 2011 University of Pennsylvania Carey Law School
Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo
All Faculty Scholarship
Cloud computing has emerged as perhaps the hottest development in information technology. Despite all of the attention that it has garnered, existing analyses focus almost exclusively on the issues that surround data privacy without exploring cloud computing’s architectural and policy implications. This article offers an initial exploratory analysis in that direction. It begins by introducing key cloud computing concepts, such as service-oriented architectures, thin clients, and virtualization, and discusses the leading delivery models and deployment strategies that are being pursued by cloud computing providers. It next analyzes the economics of cloud computing in terms of reducing costs, transforming capital expenditures …
Presented Paper: Net Neutrality And Nondiscrimination Norms, 2011 Boston College Law School
Presented Paper: Net Neutrality And Nondiscrimination Norms, Daniel Lyons
Daniel Lyons
No abstract provided.
Presented Paper: Net Neutrality And Nondiscrimination Norms In Telecommunications, 2011 Boston College Law School
Presented Paper: Net Neutrality And Nondiscrimination Norms In Telecommunications, Daniel Lyons
Daniel Lyons
No abstract provided.
Vicarious Liability And The Private University Student Press, 2011 Butler University
Vicarious Liability And The Private University Student Press, Nancy Whitmore
Nancy J. Whitmore
Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …
First Amendment Showdown: Intellectual Diversity Mandates And The Academic Marketplace, 2011 Butler University
First Amendment Showdown: Intellectual Diversity Mandates And The Academic Marketplace, Nancy Whitmore
Nancy J. Whitmore
Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …
The End-To-End Argument And Application Design: The Role Of Trust, 2011 MIT Computer Science and Artificial Intelligence Laboratory
The End-To-End Argument And Application Design: The Role Of Trust, David D. Clark, Marjory S. Blumenthal
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.
Policy debates about the evolution of the Internet show varying degrees of understanding about the underlying technology. A fundamental principle of the design of the Internet, from the early 1980s, is the so-called "end-to-end argument" articulated in a seminal technical paper. Intended to provide guidance for what kind of capability is built into a network as opposed to the devices that use the network, the end-to-end argument has been invoked in …
Resilience: Building Better Users And Fair Trade Practices In Information, 2011 Wharton School at the University of Pennsylvania
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 …
Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, 2011 University of Pennsylvania
Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, Christopher S. Yoo
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.
Editor's Note, 2011 Indiana University Maurer School of Law
Editor's Note, Ann E. O'Connor
Federal Communications Law Journal
No abstract provided.
Wireless Efficiency Versus Net Neutrality, 2011 George Washington University
Wireless Efficiency Versus Net Neutrality, Charles L. Jackson
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.
This Article first addresses congestion and congestion control in the Internet. It shows how congestion control has always depended upon altruistic behavior by end users. Equipment failures, malicious acts, or abandonment of altruistic behavior can lead to severe congestion within the Internet. Consumers benefit when network operators are able to control such congestion. One tool for controlling such congestion is giving higher priority to some applications, such as telephone calls, and …
Masthead Vol.63 No.2 (2011), 2011 Maurer School of Law: Indiana University
The Internet Ecosystem: The Potential For Discrimination, 2011 University of Colorado
The Internet Ecosystem: The Potential For Discrimination, Dick Grunwald
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.
This Article explores how the emerging Internet architecture of "cloud computing," content distribution networks, private peering and data-center services can simultaneously foster a perception of "unfair" network access while at the same time enabling significant competition for services, content, and innovation. A key enabler of these changes is the emergence of technologies that lower the barrier for entry in developing and deploying new services. Another is the design of successful Internet …
Spectrum Miscreants, Vigilantes, And Kangaroo Courts: The Return Of The Wireless Wars, 2011 University of Illinois at Urbana-Champaign
Spectrum Miscreants, Vigilantes, And Kangaroo Courts: The Return Of The Wireless Wars, Christian Sandvig
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.
It is axiomatic that government licensing is a foundational requirement for the use of the electromagnetic spectrum. Yet in some bands there is no licensing requirement, providing an empirical site that can be used to examine wireless coexistence without licenses. This Article draws on ethnographic work with wireless Internet Service Providers to report on the extralegal means that are used to share or allocate spectrum in these license exempt bands. Operators …
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, 2011 Indiana University Maurer School of Law
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders
Federal Communications Law Journal
In 2009, Amazon.com decided to correct a potential copyright violation by deleting e-books by George Orwell and Ayn Rand from the Kindles of users who had already purchased the offending texts. Two of those users, Justin Gawronski and Antoine Bruguier, claimed that Amazon.com had violated the Computer Fraud and Abuse Act (CFAA) by accessing their Kindles without authorization. The plaintiffs also relied on other causes of action, including breach of contract and trespass to chattels. Although the dispute quickly settled, the Gawronski lawsuit remains a useful case study that shows why the CFAA is a useful protection for consumers. Recently, …