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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.


Modularity Theory And Internet Regulation, Christopher S. Yoo 2016 University of Pennsylvania Law School

Modularity Theory And Internet Regulation, Christopher S. Yoo

Faculty Scholarship

Modularity is often cited as one of the foundations for the Internet’s success. Unfortunately, academic discussions about modularity appearing in the literature on Internet policy are undertheorized. The persistence of nonmodular architectures for some technologies underscores the need for some theoretical basis for determining when modularity is the preferred approach. Even when modularity is desirable, theory must provide some basis for making key design decisions, such as the number of modules, the location of the interfaces between the modules, and the information included in those interfaces.

The literature on innovation indicates that modules should be determined by the nature ...


Sweeten The Deal: Transfer Of Federal Spectrum Through Overlay Licenses, Brent Skorup 2016 University of Richmond

Sweeten The Deal: Transfer Of Federal Spectrum Through Overlay Licenses, Brent Skorup

Richmond Journal of Law & Technology

The explosion in consumer demand for wireless services that began in the 1990s caught policymakers off guard. Demand for wireless services has only accelerated, as new cellular wireless technologies-such as broadband Internet via 3G and 4G LTE-permit services such as web browsing, video streaming, the Internet of things, and gaming, necessitating a steady influx of spectrum as an input.


Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs 2016 Loyola Marymount University and Loyola Law School

Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs

Loyola of Los Angeles Law Review

No abstract provided.


Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press, Erin C. Carroll 2016 SJ Quinney College of Law, University of Utah

Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press, Erin C. Carroll

Utah Law Review

Until the modern-day press can determine how to profit from investigative journalism and begin to provide the kind of accountability reporting traditionally practiced by newspaper reporters, it needs a legal boost. Providing legal preferences for the press is nothing new, but it has not been done meaningfully for too long. Preferences that account for an unrelenting news cycle and the possibilities for instantaneous distribution of the news are needed.

FOIA is a logical place to start. Its goal is the promotion of transparency and democracy. But it too has long faltered in achieving this goal and, by many measures, is ...


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.


Innovations In Mobile Broadband Pricing, Daniel A. Lyons 2016 Boston College Law School

Innovations In Mobile Broadband Pricing, Daniel A. Lyons

Boston College Law School Faculty Papers

The FCC’s net neutrality rules sought to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the Commission significantly reduced the amount of innovation possible in the broadband service market. Within limits, broadband providers may offer different plans that vary the quantity of service available to customers, as well as the quality of that service. But they generally cannot vary the service itself: with limited exceptions, broadband providers must offer customers access to all lawful Internet traffic, or none at all. This Article explores the way in which this all-or-nothing homogenization ...


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 ...


Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah 2016 University of California, Hastings College of the Law

Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah

Hastings Communications and Entertainment Law Journal

Title III of the Americans with Disabilities Act ("ADA") aims to prevent discrimination against the disabled in places of public accommodation. Unlike many other anti­ discrimination statutes, the ADA requires places of public accommodation to take affirmative steps to ensure access for the impaired. Courts currently differ on whether a place of public accommodation requires a physical location or whether nonphysical places, such as a retailer's website, also fall under the statute. Some courts apply the nexus test to determine the whether the ADA applies to online content. Under the nexus test, there must be a connection between a ...


Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel 2016 University of California, Hastings College of the Law

Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel

Hastings Communications and Entertainment Law Journal

In 2015, the Federal Communications Commission ("FCC") decided to reclassify broadband Internet service as a telecommunications service subject to Title II regulations contained in the Communications Act. This decision is currently under review by a three­ person panel of judges for the D.C. Circuit. A key question in the review will be whether the FCC's reclassification decision is eligible for Chevron deference. The answer to this question will likely be based on lessons learned from similar cases dealing with Chevron deference that the Supreme Court has addressed. For instance, the fact that the reclassification decision is likely to ...


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 ...


U.S. Media Law Update, Lyrissa Lidsky, Racheal Jones 2016 University of Missouri School of Law

U.S. Media Law Update, Lyrissa Lidsky, Racheal Jones

Faculty Publications

In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is ...


The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser 2016 University of Colorado Law School

The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser

Articles

No abstract provided.


Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser 2016 U.S. Department of Justice Antitrust Division

Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser

Articles

This Closing Fireside Chat was the final session of the 16th annual Silicon Flatirons Center conference, The Digital Broadband Migration: The Evolving Industry Structure of the Digital Broadband Landscape, held on Feb. 1, 2016 in the Wittemyer Courtroom of the University of Colorado Law School.

"At the time this conference was held, William J. Baer was Assistant Attorney General for Antitrust in the United States Department of Justice. On April 17, 2016, President Obama asked Mr. Baer to become Acting Associate Attorney General of the United States. Video of this interview with Assistant Attorney General Baer is available at https ...


United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones 2016 University of Florida Levin College of Law

United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones

UF Law Faculty Publications

In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is ...


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