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Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard 2016 Boston College Law School

Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard

Boston College Law Review

Surveillance technology has raced ahead of the Fourth Amendment, forcing courts to confront high-tech intrusions with rusty jurisprudence. The Dirtbox, an airborne cell-site simulator, allows the government to sweep entire cities and intercept individuals’ cell phone location information without relying on cooperative intermediaries. This Note argues that the government’s use of the Dirtbox and other cell-site simulators amounts to a Fourth Amendment search because it may pinpoint individuals within a constitutionally protected space. Although the Department of Justice issued policy guidelines requiring its agents to obtain a search warrant before using this device, this narrow and unenforceable protocol fails ...


Smart Law For Smart Cities, Annie Decker 2016 Fordham University School of Law

Smart Law For Smart Cities, Annie Decker

Fordham Urban Law Journal

No abstract provided.


Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo 2016 Elon University School of Law

Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo

Fordham Urban Law Journal

No abstract provided.


Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark McMillan 2016 Fordham University School of Law

Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark Mcmillan

Fordham Urban Law Journal

No abstract provided.


Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons 2016 Boston College Law School

Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Title Ii Reclassification Is Rate Regulation, Daniel A. Lyons 2016 Boston College Law School

Title Ii Reclassification Is Rate Regulation, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Taking The Sting Out Of The Stingray: The Dangers Of Cell-Site Simulator Use And The Role Of The Federal Communications Commission In Protecting Privacy & Security, Jason Norman 2016 The George Washington University Law School

Taking The Sting Out Of The Stingray: The Dangers Of Cell-Site Simulator Use And The Role Of The Federal Communications Commission In Protecting Privacy & Security, Jason Norman

Jason G. Norman

The Stingray is a cellular tower emulator technically known as an IMSI
catcher. This emulation capability allows law enforcement, or anyone with
the technical expertise, to capture cellular data in transit to or from any
cellphone within the Stingray’s broadcast range, entirely without the person’s
knowledge or consent. This note argues that the Federal Communications
Commission should enact regulation under its Title II authority requiring
cellular service providers and device manufacturers to enhance their
encryption protocols pursuant to recommendations established by the
Communications Security, Reliability, and Interoperability committee, which
released its final report in early 2015. Additionally, the ...


A Balancing Act: The Virtue Of A "Light Touch" Regulatory Framework In The 2015 Open Internet Order, Nia Chung Srodoski 2016 University of Minnesota - Twin Cities

A Balancing Act: The Virtue Of A "Light Touch" Regulatory Framework In The 2015 Open Internet Order, Nia Chung Srodoski

Minnesota Journal of Law, Science & Technology

No abstract provided.


Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore 2016 Butler University

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore

Nancy J. Whitmore

No abstract provided.


Congress, The U.S. Supreme Court And Must-Carry Policy: A Flawed Economic Analysis, Nancy Whitmore 2016 Butler University

Congress, The U.S. Supreme Court And Must-Carry Policy: A Flawed Economic Analysis, Nancy Whitmore

Nancy J. Whitmore

The Cable Television Consumer Protection and Competition Act of 1992, which requires cable operators to carry the signals of local broadcast television stations, was hailed by supporters as a measure that would preserve the economic viability of the local independent broadcaster by unlocking the anticompetitive grip that the local cable company places on access to its system. In upholding the Act in 1997, the United States Supreme Court seemed to ignore the degree to which the cable and broadcast industries have become vertically integrated. In the end, local independent stations became economically viable not because they were guaranteed carriage on ...


Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons 2016 Boston College Law School

Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell 2016 Barry University

The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell

Faculty Scholarship

No abstract provided.


Net Neutrality: On Mobile Broadband Carriers And The Open Internet, The Commercially Reasonable Network Management Standard, And The Need For Greater Protection Of The Open Internet, Richard A. Starr 2016 University of Maryland Francis King Carey School of Law

Net Neutrality: On Mobile Broadband Carriers And The Open Internet, The Commercially Reasonable Network Management Standard, And The Need For Greater Protection Of The Open Internet, Richard A. Starr

Journal of Business & Technology Law

No abstract provided.


The Fcc’S Abandonment Of Sponsorship Identification Regulation & Anonymous Special Interest Group Political Advertising, Sushma Raju 2016 Washington University School of Law

The Fcc’S Abandonment Of Sponsorship Identification Regulation & Anonymous Special Interest Group Political Advertising, Sushma Raju

Washington University Law Review

Over the course of the last several American election seasons, both political news coverage and political advertising have become all but inescapable. Particularly as election time nears, voters are bombarded by political ads that present highly persuasive, one-sided, and sometimes misleading information about candidates and their platforms.

Since the 1920s, federal law, enforced by the Federal Communications Commission (“FCC” or “the Commission”), required broadcasters to identify on-air content as paid political advertisements and to name the sponsors behind the message. At their core, these laws attempt to serve an important purpose: namely, clueing voters in to the identities of the ...


What Common Law And Common Sense Teach Us About Corporate Cybersecurity, Stephanie Balitzer 2016 University of Michigan Law School

What Common Law And Common Sense Teach Us About Corporate Cybersecurity, Stephanie Balitzer

University of Michigan Journal of Law Reform

This Note examines the challenges of corporate cyberdefense and suggests an approach to mitigate them. Part I outlines the background of the corporate cyberdefense quandary and various cyberdefense strategies. Part II explores the current landscape of cybersecurity law in the United States and the regulatory infrastructure that governs cybercrimes. Part II also surveys case law that illustrates the legal loopholes and ambiguities corporations face when implementing cybersecurity measures. Finally, Part III argues that the proposed active defense model fails to comport with practical concerns and established legal principles. This Note’s comparative analysis of common law ‘defense of property’ principles ...


Astroturf Campaigns: Transparency In Telecom Merger Review, Victoria Peng 2016 University of Michigan Law School

Astroturf Campaigns: Transparency In Telecom Merger Review, Victoria Peng

University of Michigan Journal of Law Reform

Large telecommunications companies looking to merge spend millions of dollars in their lobbying efforts to clear regulatory hurdles and obtain approval for their proposed mergers. Corporations such as AT&T, Comcast, and Time Warner use public participation processes as vehicles to influence regulatory decision-making. In the Federal Communications Commission (FCC) merger review context, the notice- and-comment process and public hearings have become fertile breeding grounds for hidden corporate influence. Corporations spend millions on corporate social responsibility programs and call upon nonprofit organizations that receive their largesse to represent their corporate interests as grassroots interests when the FCC seeks public comment ...


Blacklining Editorial Privilege, Justin Hurwitz 2016 Nebraska College of Law

Blacklining Editorial Privilege, Justin Hurwitz

Michigan Telecommunications and Technology Law Review

Over the past year, FCC Commissioner Mike O’Rielly has drawn valuable attention to various Commission procedures in need of reform. Of these procedures perhaps the most perplexing is that of “editorial privileges” – a process whereby Commission staff is granted permission to continue editing Commission Orders subsequent to their adoption, such that the text of the Order voted on by the Commission is not necessarily the same as that ultimately published in the Federal Register or otherwise released to the public. This procedure is longstanding – predating institutional memory; yet it is also entirely unprecedented in the canon of administrative law ...


Valuing Spectrum Allocations, Thomas W. Hazlett, Michael Honig 2016 Clemson University

Valuing Spectrum Allocations, Thomas W. Hazlett, Michael Honig

Michigan Telecommunications and Technology Law Review

Observing trends in which Wi-Fi and Bluetooth have become widely popular, some argue that unlicensed allocations hosting such wireless technologies are increasingly valuable and that administrative spectrum allocations should shift accordingly. We challenge that policy conclusion. A core issue is that the social value of a given spectrum allocation is widely assumed to equal the gains of the applications it is likely to host. This thinking is faulty, as vividly seen in what we deem the Broadcast TV Spectrum Valuation Fallacy – the idea that because wireless video, or broadcast network programs are popular, TV channels are efficiently defined. This approach ...


The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen 2016 University of California, Hastings College of the Law

The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen

Hastings Communications and Entertainment Law Journal

Since the rapid expansion of the Internet in the 1990s and through the 2000s, Internet entrepreneurs and technology companies continue to discover new ways to offer music online for free. A large portion of the music offered by these services was created prior to 1972, the year the Sound Recordings Act of 1971 established as the cut-off for federal copyright protection. These pre-1972 sound recordings are covered by a patchwork of state and common law, which varies greatly from state to state. Though some music services have shielded themselves with the safe harbor provision offered to Online Service Providers ("OSPs ...


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