Communications Law Commons^™

Destination Ventures, Ltd. V. F.C.C. And Moser V. F.C.C.: How Much Should The Telephone Consumer Protection Act Restrict Your Phone, Fax And Computer?, Michael D. Mcconathy

Golden Gate University Law Review

The Ninth Circuit upheld the constitutionality of the Telephone Consumer Protection Act (hereinafter "TCPA") in two February 1995 decisions: Destination Ventures, Ltd. v. F.C.C. and Moser v. F.C.C. Destination Ventures marked the first examination of the TCPA by any United States Court of Appeals. In that case, the Ninth Circuit held that the TCPA ban on unsolicited facsimile (hereinafter "fax") advertising was a constitutional regulation of commercial speech since the provision reasonably fit the government interest in preventing advertisement cost-shifting to the consumer. Five days later, in Moser, the same three-judge panel reversed a district court decision and upheld the …

Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo

All Faculty Scholarship

In recent years, a growing number of commentators have raised concerns that the decisions made by Internet intermediaries — including last-mile network providers, search engines, social networking sites, and smartphones — are inhibiting free speech and have called for restrictions on their ability to prioritize or exclude content. Such calls ignore the fact that when mass communications are involved, intermediation helps end users to protect themselves from unwanted content and allows them to sift through the avalanche of desired content that grows ever larger every day. Intermediation also helps solve a number of classic economic problems associated with the Internet. …

An Alternative Proposal To The Fcc's Proposed Amendment: Broadcast Media Concentration Rules, David C. King

Golden Gate University Law Review

In September, 1983, the FCC issued for administrative comment a Notice of Proposed Rule Making (hereafter Notice) aimed at amending the Seven Station Rule. The three major reasons cited by the Commission for proposing the amendment were the arbitrariness of the Seven Station Rule, the changed circumstances in the broadcasting industry since 1953, and the harm to diversity caused by the Rule despite its intended purpose. The Notice did not cite a specific alternative to the Rule, but indicated a possible interim amendment in the numerical ceiling to fourteen on-air television stations and thirty-six radio stations (FM and AM combined). …

Australia’S Media Climate:Time To Renegotiate Control, Jane Johnston, Mark Pearson

Jane Johnston

In 2007, Australia was rated by two international media bodies as well down the chain in media freedom. Within its own borders, internal media groups—in particular the Australian Press Council and the Media Entertainment and Arts Alliance, as well as a consortium of major employer groups—have recently released reports investigating the position of media freedoms. This article examines a select few of these shrinking freedoms which range from the passive restrictions on access to documents to the overt threat of imprisonment for publishing sensitive material. In particular, it considers laws relating to freedom of information, camera access to courts, shield …

Communications Law, Richard D. Harmon

Golden Gate University Law Review

No abstract provided.

Communications Law, Marla Katz Westover

Golden Gate University Law Review

No abstract provided.

Selected International Rules Of Foreign Direct Investment In The Telecommunications Sector And Its Influences On Taiwan's Telecommunications Legislation, Chun Hung Lin

Annual Survey of International & Comparative Law

In past decades, the most significant contributor to the booming global economy was the development of cross-border transactions. Specifically, foreign investment has expanded rapidly, becoming an increasingly important factor in host economies and in the international community. Also, foreign direct investment (FDI) has increased rapidly for a substantial period and covering a wide spectrum of industries. Moreover, foreign investment capital generally will spur economic growth and create better living standards in particular countries. Despite the benefits of FDI, many developing countries fear that by opening up their markets to competition and foreign investment without any restrictions, they will lose control …

If You Can't Say It, Why Can You Show It? An Open Letter To The Fcc, Wendy P. Rouder

Golden Gate University Law Review

No abstract provided.

Is The Internet A Maturing Market? If So, What Does That Imply?, Christopher S. Yoo

All Faculty Scholarship

Network providers are experimenting with a variety of new business arrangements. Some are offering specialized services the guarantee higher levels of quality of service those willing to pay for it. Others are entering into strategic partnerships that allocate more bandwidth to certain sources. Interestingly, a management literature exists suggesting that both developments may simply reflect the ways that the nature of competition and innovation can be expected as markets mature. The real question is not if the nature of competition and innovation will change, but rather when and how. This theory also suggests that policymakers should be careful not to …

The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

No abstract provided.

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.

Data Protection: The Challenges Facing Social Networking, Rebecca Wong Dr

Dr Rebecca Wong

The popularity of social networking sites has increased dramatically over the past decade. A recent report indicated that thirty-eight percent of online users have a social networking profile. Many of these social networking site users (SNS users) post or provide personal information over the internet every day. According to the latest OfCom study, the average adult SNS user has profiles on 1.6 sites and most check their profiles at least once every other day. However, the recent rise in social networking activity has opened the door to the misuse and abuse of personal information through identity theft, cyber stalking, and …

Foreword: Advertising And The Law, Mark Bartholomew

Buffalo Law Review

This foreword to a special issue of the Buffalo Law Review provides an overview of seven articles addressing the intersection of advertising and law. The special issue stems from a November 2009 conference held at the University at Buffalo Law School. The foreword examines the particular difficulties in characterizing the relationship between advertisers, consumers, and the law. Advertisers promulgate certain symbolic meanings designed to induce consumption. Sometimes these meanings are contested through legal means yet consumers can only participate in advertising's regulatory apparatus indirectly. This results in a dynamic between advertiser and consumer that is difficult to define yet ubiquitous …

Love Thy Neighbor: The Tampere Convention As Global Legislation, Allison Rahrig

Indiana Journal of Global Legal Studies

The Internet, 24-hour news sources, and a host of other telecommunications advances have allowed global citizens to become instantaneously informed. With the privilege of real-time updates and acute awareness of the world's events comes the responsibility of being more than a passive observer. Specifically, this Note focuses on the technological improvements in communication during natural disasters-improvements that can be used to assist and aid the victims of catastrophes. In the aftermath of a natural disaster, the country affected is rarely able to provide for its citizens; tsunamis, hurricanes, tornadoes, and earthquakes can (and often do) cripple an entire nation. This …

Stealth Marketing And Antibranding: The Love That Dare Not Speak Its Name, Sonia K. Katyal

Buffalo Law Review

No abstract provided.

Brandjacking On Social Networks: Trademark Infringement By Impersonation Of Markholders, Lisa P. Ramsey

Buffalo Law Review

No abstract provided.

Advertising And Social Identity, Mark Bartholomew

Buffalo Law Review

This essay takes a stand in the brewing legal academic debate over the consequences of advertising. On one side are the semiotic democratists, scholars who bemoan the ability of advertisers to take control of the meanings that they create through trademark law and other pro-business legal rules. On the other side are those who are more sanguine about the ability of consumers to rework advertising messages and point to several safety valves for free expression existing in the current advertising regulation regime. My take on this debate is that the participants have failed to address the impact of advertising on …

Consumer Counter-Advertising Law And Corporate Social Responsibility, Alberto R. Salazar V.

Buffalo Law Review

No abstract provided.

Attention Must Be Paid: Commercial Speech, User-Generated Ads, And The Challenge Of Regulation, Rebecca Tushnet

Buffalo Law Review

No abstract provided.

La Globalización De La Legislación Cambiaria, Bruno L. Costantini García

Bruno L. Costantini García

No abstract provided.